Critical Analysis of State of West Bengal V. Anwar Ali

2797 Words Nov 16th, 2012 12 Pages
INTRODUCTION
The case being dealt with in this paper is State of West Bengal v. Anwar Ali Sarkar. This case deals mainly with the applicability of Article 14 of the Constitution of India on the West Bengal Special Courts Act, 1950 and the Court was to decide on whether the Act was unconstitutional or valid. I am going to analyze the judgment given by the Supreme Court in this regard.

STATEMENT OF FACTS
The respondent and 49 other persons were charged with various offences alleged to have been committed by them in the course of their raid as an armed gang on a certain factory known as the Jessop Factory at Dum Dum, Calcutta and they were convicted and sentenced to varying terms of imprisonment by the Special Court to which the case was
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This judgment seemed to be according to the British Common law model where they believed that the Legislature was the best judge of people’s interests.
Justice C.R.Das gave the balancing opinion in this case. According to him, when one puts together the categories of (1) cases and such classes of cases, and (2) offences and such classes of offences the onus is given to the executive to decide which kind of case should be assigned to which court or whether a certain case should be sent to Special Court or not. Merely the practice of exercising this decision is not important the context in which discretion was exercised is also important. In normal circumstances the matter is tried by an ordinary court under ordinary law but in special cases, accompanied by such classes of offences that are grave in nature beyond the normal parlance of occurrence, merely ordinary law cannot be involved in guiding the case. Number of people affected, circumstances of the event, magnitude of crime and nature of offences must be taken into account. In these conditions, special laws and special courts are appointed. Although prima facie the West Bengal law may seem discriminatory the context as to whether the law was used correctly has to be examined and also whether there was room for further use or misuse or abuse of this power Justice C.R.Das concurred with the majority
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