1956 (8) TMI 70 - HC - Indian Laws

Summary

Issues:
1. Validity of the sanction under Section 6 of the Prevention of Corruption Act.
2. Applicability of the Indian Police Act to the State of Punjab.

Analysis:

Issue 1: Validity of the sanction under Section 6 of the Prevention of Corruption Act
The judgment concerns a rule issued by the High Court against an order made by Special Judge I. M. Lal. The opposing party, a prosecuting Sub-Inspector, was being tried for an offense under Section 5(2) of the Prevention of Corruption Act. The Special Judge raised two points against the prosecution, questioning the validity of the sanction under Section 6 of the Act and the applicability of the Indian Police Act to the State of Punjab. The sanction in question was given by the Deputy Inspector-General of Police, who held a higher rank than the appointing authority, a Superintendent of Police. The judge referred to a previous case to support the validity of the sanction, emphasizing that the authority giving the sanction was competent to remove a public servant from office. The judgment concluded that the sanction was proper and no objection could be raised against it.

Issue 2: Applicability of the Indian Police Act to the State of Punjab
The judgment addressed the argument raised by the Special Judge that the Police Act, enacted in 1861, was not applicable to the State of Punjab. However, it was noted that all laws in force in India before the commencement of the Constitution of 1950 continued to remain in force under Article 372(1) of the Constitution. Referring to a case from the Allahabad High Court, it was highlighted that the distribution of legislative powers under Article 246 of the Constitution does not affect laws existing before the Constitution came into force. The judgment agreed with the Allahabad High Court's decision, emphasizing that existing laws remain valid unless contrary to the Constitution. Consequently, the judgment held that the Special Judge had erred in his view regarding the applicability of the Police Act to Punjab. The petition was allowed, the Special Judge's order was set aside, and the case was remitted for trial in accordance with the law, to be presided over by the Sessions Judge.

This comprehensive analysis of the judgment highlights the key legal issues, arguments presented, and the court's reasoning in addressing each matter, ensuring a detailed understanding of the case.