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Issues Involved:
1. Legislative competence of the Andhra Pradesh Legislature to amend the Indian Electricity Act. 2. Retrospective operation of the Amending Act and its impact on pending proceedings. 3. Right of appeal and revision under the amended provisions. 4. Constitutionality of summary trial procedures under the Amending Act. 5. Violation of Article 20(1) of the Constitution. Issue-wise Detailed Analysis: 1. Legislative Competence: The High Court examined whether the Andhra Pradesh Legislature had the legislative competence to amend the Indian Electricity Act, 1910. It was concluded that under Entry 38 in the concurrent List of the VIIth Schedule of the Constitution of India, the Andhra Pradesh Legislature had the legislative competence to make laws on the subject of electricity and to amend the Indian Electricity Act, 1910. The Amending Act also received the assent of the President of India, making it valid under Article 254(2) of the Constitution. 2. Retrospective Operation: The second contention was whether the Amending Act could have retrospective operation, affecting proceedings that had already commenced. The High Court held that the Amending Act, which imposed higher or more severe punishment, higher fines, direct payment of compensation, and a less favorable trial procedure, could not affect pending proceedings as it would violate Article 20(1) of the Constitution. This Article ensures protection against ex post facto laws, meaning laws that impose a greater punishment than what was prescribed at the time of the commission of the offense. 3. Right of Appeal and Revision: The High Court noted that the Amending Act affected the right of appeal and revision. Under Section 49-C(2) of the Amending Act, an appeal from any judgment or order of the Special Tribunal lies to the Special Court, but the decision of the Special Court is final as per Section 49-E(2). This provision deprives the accused of the right to appeal to the High Court, which was available under the previous law. The High Court held that such a provision causes prejudice and substantial injury to the accused, violating their vested right of appeal. 4. Summary Trial Procedures: The High Court also examined the constitutionality of the summary trial procedures mandated by the Amending Act. Section 49-C(7) of the Amending Act requires that every offense under the Act be tried in a summary way, which is typically reserved for petty offenses. The Amending Act, however, prescribes severe punishments, including imprisonment up to five years and fines up to Rs. 50,000. The High Court held that summary trials for such serious offenses cause serious prejudice and substantial injury to the accused, as they do not allow for a full recording of evidence or detailed judgments, thereby impairing the accused's right to a fair trial. 5. Violation of Article 20(1): The High Court held that the retrospective application of the Amending Act violated Article 20(1) of the Constitution, which prohibits laws that impose a greater punishment than what was applicable at the time the offense was committed. The High Court reasoned that transferring pending cases to the Special Tribunal, which could impose harsher penalties and follow less favorable procedures, would offend the guarantee enshrined in Article 20(1). Referral to Larger Bench: Given the complexity and significance of interpreting Article 20(1), the High Court referred the question of whether the constitutional guarantee under Article 20(1) prohibits legislation that aggravates the degree of crime or imposes greater punishment retrospectively to a larger bench for consideration. Conclusion: The High Court's judgment emphasized the protection of fundamental rights under Article 20(1) and the importance of legislative competence and procedural fairness. The retrospective application of the Amending Act was deemed unconstitutional, and the right of appeal and fair trial procedures were upheld as essential components of justice. The case was referred to a larger bench to resolve the broader constitutional questions involved.
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