minal Appeal No 204 of 1959
Appeal by special leave from the judgment and order dated June 23 1959 of the Calcutta High Court in Criminal Revision No 640 of 1958
section K Acharya and Janardan Sharma for the appellants
section M Bose Advocate General for the State of West Bengal K C Mukherjee and P K Bose for the respondent
December 18
The judgment of Sinha C J Gajendragadkar and Shah JJ was delivered by Gajendragadkar J
The judgment of Sarkar and Subba Rao JJ was delivered by Sarkar J GAJENDRAGADKAR J
This appeal by special leave challenges the vires of section 2b and the proviso to section 41 of the West Bengal Tribunals of Criminal Jurisdiction Act 1952 WB Act XIV of 1952 hereinafter called the Act
A complaint was filed against Kangsari Haldar and Jogendra Nath Guria hereinafter called the appellants in which it was alleged that the appellants along with some others had committed offences under section 120B read with sections 302 and 436 of the Indian Penal Code
The case against them was that in 1947 a tebhaga movement had been launched in Kakdwip area by the communist party and that later on the Bhagehasis were persuaded to claim the entire and not only 23 of the produce in pursuance of the said movement
It was further alleged that the leaders of said movement including the appellants preached murder and arson amongst the cultivators and that such preaching and propaganda were followed by arson and murders on a large scale
It was on these allegations that a charge sheet was submitted against the appellants and the case 649 against them taken up for trial before the Third Tribunal at Alipore constituted under the Act
Ninetynine witnesses were examined by the prosecution in support of its case and the tribunal framed charges against the appellants under the three sections already mentioned by its order dated May 16 1958
The offences in question are alleged to have been committed during the period beginning from January 1 1948 and ending on March 31 1950 within Kakdwip and Sagaour police stations
By their Criminal Revision Application No 640 of 1958 the appellants challenged the validity of the proceedings before the tribunal and applied for quashing the said proceedings and the charges framed against them under section 439 of the Code of Criminal Procedure as well as article 227 of the Constitution in the Calcutta High Court
Their application was first heard by Mitter and Bhattacharya JJ  but since there was a difference of opinion between the two learned judges the case was referred to Sen J Bhattacharya J had taken the view that the impugned provisions of the Act were ultra vires and so he was inclined to allow the revision application and quash the proceedings taken against the appellants  on the other hand Mitter J had taken a contrary view and Sen J to whom the matter was referred agreed with the view taken by Mitter J
In the result it was held that the impugned provisions of the Act were intra vires and so the rule issued on the appellants  revision application was discharged and the application itself was dismissed
The appellants then applied to the said High Court for a certificate either under article 132 or under article 134 of the Constitution but their applications were dismissed
Thereupon they moved for and obtained special leave from this Court
That is how this appeal has come before this Court and the only point which it raises for our decision is about the vires of the two impugned provisions of the Act
On behalf of the appellants Mr Acharya has contended that the genesis of the Act should be borne in mind in dealing with the vires of the impuged provisions  and in support of this argument he has strongly 83 650 relied on the sequence of events which led to the passing of the Act
It appears that the West Bengal special Courts Act X of 1950 was passed by the West Bengal Legislature and came into force on March 15 1950
The vires of section 51 of the said Act were impeached by Anwar Ali Sarkar and others who were being tried under the provisions of the said Act
On August 28 1951 the Calcutta High Court partially upheld the plea and struck down a part of section 51
The said deci sion was challenged by the State of West Bengal before this Court in The State of West Bengal vs Anwar Ali Sarkar 1  but the appeal preferred by the State was dismissed and by a majority decision of this Court not only a part of section 51 but the whole of it was declared to be ultra vires as being violative of article 14 of the Constitution
This decision was pronounced on January 11 1952
Soon thereafter an Ordinance was promulgated No 1 of 1952 by the West Bengal Government on March 24 1952 and in due course this Ordinance was replaced by the Act which came into force on July 30 1952
Section 12 of the Act purports to repeal the earlier Act of 1950 in conformity with the decision of this Court in Anwar Ali Sarkar s case 1
The argument is that by passing the Act the West Bengal Government has attempted to achieve the same result which it intended to achieve by section 51 of the earlier Act and so according to the appellants in substance the decision of this Court in Anwar Ali Sarkar s case1 should govern the decision of the present appeal
In any case it is urged that the sequence of events which supply the background to the present Act should carefully be borne in mind in dealing with the merits of the points raised by the appellants
The challenge to the vires of the impugned provisions is based on the ground that they violate the fundamental right guaranteed by article 14 of the Constitution
The scope and effect of the provisions of article 14 have been considered by this Court on several occasions and the matter has been clarified beyond all doubt
The equality before law which is guaranteed by article 14 no doubt prohibits class legislation 1  651 but it does not prohibit the Legislature from legislating on the basis of a reasonable classification
If the classification is reasonable and is founded on intelligible differentia and the said differentia have a rational relation to the object sought to be achieved by the statute based on such reasonable classification the validity of the statute cannot be successfully challenged under article 14
These propositions have been repeated so many times during the past few years that they now sound almost platitudinous 
Thus the enunciation of the principles which flow from
the fundamental rights enshrined in article 14 now presents no difficulty it is however in the application of the said principles that difficulties often arise
In applying the said principles to the different sets of facts presented by different cases emphasis may shift and the approach may not always be identical but it is inevitable that the final decision about the vires of any impugned provision must depend upon the decision which the court reaches having regard to the facts and circumstances of each case the general scheme of the impugned Act and the nature and effect of the provisions the vires of which are under examination
Let us therefore first examine the relevant scheme of the Act and ascertain the effect of the provisions under challenge
The Act was passed because the Legislature thought it expedient in the interest of the security of the State the maintenance of public peace and tranquillity and the due safeguarding of the industry and business to provide for the speedy trial of the offences specified in the schedule  Section 2b defines a disturbed area as meaning an area in which in the opinion of the State Government i there was or ii there is any extensive disturbance of the public peace and tranquillity and in respect of which area the State Government has issued a notification declaring such area to be a disturbed area
The section then adds that in cases falling under cl
i the notification shall have effect during such period as may be specified therein and in cases falling under cl
ii the notification shall have effect from such date as may be specified in the 652 notification until the notification is revoked
It would thus be noticed that the disturbed area can be of two categories it can be an area where extensive disturbance as described had taken place but at the time of the notification the disturbance may have ceased and an area where the disturbance is taking place at the time of the notification
In respect of the first category of disturbed areas the notification has to specify the period covered by the previous disturbance and it is the specified offences which had taken place during the said period that fall within the mischief of the Act
In the case of the notification issued in respect of areas where disturbances are taking place the notification has effect from such date as it may specify and it will continue to be in operation until it is revoked
Section 2d defines a scheduled offence as any offence specified in the schedule and section 2e defines a tribunal as meaning a tribunal of Criminal Jurisdiction constituted under sub section
1 of section 3
The scheduled offences are specified in four items
Item 1 deals with offences against the State prescribed by ch
6 of the Indian Penal Code
Item 2 deals with some of the offences against human body and property covered by ch 16 and ch
17 of the Code
Item 3 refers to some of the said offences if they are committed in the course of a raid on or a riot in a factory or a mill or a workshop or a bank or in relation to transportation of property to or from a factory mill workshop or bank and the last item covers cases of conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in items 1 to 3
The scheme of the Act is thus to appoint special
tribunals to try the scheduled offences which have taken place in disturbed areas as defined in section 2b
That is the effect of section 4 of the Act
The proviso to section 41 enables the tribunal when it is trying any case to try in its discretion any offence other than a scheduled offence with which the accused may under the Code be charged at the same trial
In other words the trial of an accused person in respect of the scheduled offences may include any other offence which is not included in the schedule and which would be triable under the provisions of the 653 Code
As we have already indicated the present appeal challenges the vires of section 2b and the proviso to section 41
It cannot be disputed that the procedure prescribed for the trial before the tribunal under the Act differs in some material particulars from the procedure prescribed by the Code and the said difference can be treated as amounting to discrimination which is pre judicial to the accused under the Act no commitment proceedings have to be taken and the benefit of jury trial is denied
The provision made by the first proviso to section 5 in respect of adjournment of the trial is also stricter and more stringent
Similarly the right of an accused person to claim a de novo trial where a judge presiding over a tribunal ceases to be available before the completion of the trial is also materially affected by the provisions of section 6
Section 10 makes applicable the provisions of the Code or of any other law for the time being in force which may be applicable to the trial of criminal cases in so far as they are not incon sistent with the provisions of the Act
Thus it may be conceded that the appellants are entitled to complain that on the whole the procedure prescribed for the trial of scheduled offences under the Act amounts to discrimination
The question is whether such discrimination violates the provisions of article 14
This question necessarily leads us to inquire whether the discriminatory provisions of the Act are based on any rational classification and whether the differentiation of the offenders brought within the mischief of the Act has a rational nexus with the policy of the Act and the object which it intends to achieve
The preamble shows that the Legislature was dealing with the problem raised by disturbances which had thrown a challenge to the security of the State and raised a grave issue about the maintenance of public peace and tranquillity and the safeguarding of industry and business
It therefore decided to meet the situation by providing for speedy trial of the scheduled offences
Thus the object of the Act and the principles underlying it are not in doubt
It is true that speedy trial of all criminal offences is desirable but there would be no difficulty in appreciating the anxiety of the 654 Legislature to provide for a special procedure for trying the scheduled offences so as to avoid all possible delay which may be involved if the normal procedure of the Code was adopted
If the disturbance facing the areas in the State had to be controlled and the mischief apprehended had to be Checked and rooted out a very speedy trial of the offences committed was obviously indicated
The classification of offenders who are reached by the Act is obviously reasonable
The offences specified in the four items in the schedule are clearly of such a character as led to the disturbance and it is these offences which were intended to be speedily punished in order to put an end to the threat to the security of the State and the maintenance of public peace and tranquillity
It would be idle to contend that if the offences of the type mentioned in the schedule were committed and the Legislature thought that they led to the disruption of public peace and tranquillity and caused jeopardy to the security of the State they could not be dealt with as a class by themselves
Other offences committed by individuals under the same categories of offences specified by the Code could be  rationally excluded from the classification adopted by the Act because they did not have the tendency to create the problem which the Act intended to meet
We are therefore satisfied that the classification made by the Act is rational and the differentiation on which the offenders included within the Act are treated as a class as distinguished from other offenders has a rational nexus or relation with the object of the Act and the policy underlying it
Therefore it would be difficult to accede to the argument that the Act violates article 14 of the Constitution
It is however urged that section 2bi is not intra vires because the classification on which it is based violates article 14
This contention has taken a two fold form
It is urged that the notification which is authorised to be issued under section 2bi necessarily deals with an area which has ceased to be disturbed at the time when it is issued and it is inevitable that when such a notification is issued some of the offences which would have 655 been tried under the Act as a result of the notification may have already
been tried under the ordinary Code and it is only such cases as are not disposed of on the date of the notification which would fall within the mischief of the Act and that constitutes an irrational or arbitrary classification
It is also urged that when the area covered by such a notification has ceased to be disturbed there is no rational or valid justification for applying the Act to the offences committed in such an area when in the other continuously undisturbed areas similar offences would be tried under the normal provisions of the Code
In fact it is these two aspects of the question which have been strongly pressed before us by Mr Acharya in the present appeal
Before dealing with these two arguments it would be relevant to recall that this Court has accepted the general principle that  if any state of facts can reasonably be conceived to sustain a classification the existence of that state of facts must be assumed  Vide Chiranjitlal Chaudhuri vs The Union of India  Ors
1 and Kedar Nath Bajoria vs The State of West Bengal 2 
It is quite true that when a notification is issued under section 2bi specifying the period during which the area in question was disturbed some offences though falling under the schedule might have been tried under the Code while some others which may be pending at the date of the notification would be tried under the Act
But does that introduce any vice in the classification  If the area was disturbed and the notification specifying the period of such disturbance is otherwise justified in the sense that the speedy trial of the seheduled offences committed during the specified period can be validly directed then the fact that some offences had already been tried before the notification cannot in our opinion introduce any infirmity in the statutory provision itself It must be remembered that the classification on which the impugned notification rests is between the scheduled offences committed in an area which is declared to be a disturbed area and similar offences committed elsewhere in the State and so the fact that some of the scheduled offences 1  at p 877
2  at P 39 656 escaped the operation of the notification because they had been already tried cannot affect its legality or validity
Such an adventitious or accidental result cannot sustain the attack against the classification which is otherwise rational reasonable and valid
In fact it would not be easy or always possible for the Legislature to prevent such an accidental escape of some cases from the provisions of a special statute for the reason that they had already been decided
If the statute had permitted discrimination between cases under the scheduled offences which still remained to be tried that would have been another matter
In our opinion it would be unreasonable to requisition the assistance of cases which had been disposed of and have become a matter of history to challenge the classification in question
The second contention is also without substance because it ignores the material difference between the character of the offences committed during the specified period in the disturbed area and offences committed in continuously undisturbed areas
The offences committed in areas subsequently declared to be disturbed led to and were the cause of the extensive disturbance
In consequence of such disturbance investigation into such offences is rendered difficult it is not easy in such disturbed conditions to collect and marshall evidence because witnesses are apt to be terrorised and though the area has ceased to be disturbed absence of disturbance may be temporary and unless the offenders are brought to book speedily the temporary peace may turn out to be the lull before another storm
That is why even in respect of areas which have ceased to be disturbed offences committed when the area was disturbed during the period specified in the notification are required to be tried under the Act
Such offences cannot in our opinion be reasonably compared with offences committed under the same sections of the Code in continuously undisturbed areas
In their essential features the two offences form two distinct and different categories and the contention that the classification of the offences made in such a case is irrational must 657 therefore be rejected
The argument that some limitation of time should have been prescribed within which the notification should be issued declaring such areas to be disturbed ignores the fact that prescription of such limitation may in some cases defeat the purpose of the Act itself
If the offenders abscond or go underground as in the present case appellant 1 did how can any period of limitation be prescribed beyond which the power to issue notification cannot be exercised  In issuing such notification several relevant factors pertaining to the local situation in the area have to be taken into account and so failure to prescribe any limitation cannot introduce any infirmity in the provision
It is conceivable that the notification issued under section 2bi may be colourable or mala fide but in such a case it is the validity of the notification which can be successfully challenged not the vires of the statute under which it is issued
The colourable or mala fide exercise of the power in issuing a notification would undoubtedly affect the validity of the notification itself but the possibility of such abuse of power cannot reasonably affect the vires of the statute itself
Mr Acharya no doubt suggested that the object of the impugned notification was to bring only the case of the appellants under the mischief of the Act but he frankly conceded that he had not made such a specific plea in his petition and that though it would be possible for him to urge that a large majority of the scheduled offences committed during the specified period had already been tried under the Code it would not be possible for him to sustain the plea on the material available on the record that the notification has been issued solely with a view to bring the case of the appellants alone under the mischief of the Act
That is why this aspect of the matter does not fall to be considered in the present appeal
The next argument is that the proviso to section 41 is ultra vires
We do not think that here is any substance in this argument
What the proviso does is to enable the tribunal to try any offence other than the scheduled offence with which the accused may be 84 658 charged and which would be ordinarily triable under the provisions of the Code
But does this amount to an infringement of article 14 at all  In our opinion the answer to this question must be in the negative
It is significant that the proviso leaves it to the discretion of the tribunal whether or not any other offence should be tried under the Act along with the scheduled offence charged against the accused in a given case
Besides there can be no doubt that the offences  other than the scheduled offences which may be included in a trial under the Act would beminor or allied offences the proof of which would follow from the facts adduced in support of the major offences
That in fact is the position even under the provisions of the Code
If the trial of the major scheduled offence under the Act is justified and valid the impugned proviso does nothing more than enable the tribunal to decide whether the accused is guilty of any minor or allied offence
In our opinion therefore the challenge to the proviso in question cannot succeed
It now remains to consider the decisions to which our attention was invited
In the case of Anwar Ali Sarkar 1 where section 51 of the Bengal Act X of 1950 was impeached the majority decision was that the said section was wholly invalid
The preamble to the Act had merely stated that it was expedient to provide for the speedy trial of certain offences and section 51 had empowered a special court to try such offences or classes of offences or cases or classes of cages as the State Government may by general or special order in writing direct
According to the majority decision the preamble to the Act was vague and gave no indication about them principles underlying it or the object which it intended to achieve and it was also held that s 51 vested an unrestricted discretion in the State Government to direct any cases or classes of cases to be tried by the special court
It was observed that the necessity of a speedier trial mentioned in the preamble was too vague uncertain and elusive a criterion to form a rational basis for the discriminations made and that it was unreasonable to have left to the absolute and unfettered discretion of the 1  659 executive government with nothing in the law to guide or to control its action to decide which cases or classes of cases should be tried under the Act
There were however two dissents
Patanjali Sastri CJ held that section 51 was wholly valid where Das J as he then was agreed with the conclusion of the High Court that section 51 was bad only in so far as it empowered the State Government to direct cases to be tried by a special court it may be added that though Bose J agreed with the conclusion of the majority he was not satisfied that the tests laid down in deciding the validity of the classification could afford infalliable guide because he thought that the problem posed in such cases is not solved by substituting one generalisation for another
It would thus be seen that the majority decision in that case was based on two principal considerations that having regard to the bald statement made in the preamble about the need of speedier trials it was difficult to sustain the classification made by section 51 and that the discretion left to the executive was unfettered and for its exercise no guidance was given by the statute
It is difficult to accept the suggestion of Mr Acharya that the impugned provisions in the Act with which we are concerned are comparable to section 51 in that case
The next decision to which reference must be made is Kathi Raning Rawat vs The State of Saurashtra 1
The majority decision in that case upheld the validity of sections 9 10 and 1 1 of the Saurashtra State Public Safety Third Amendment Ordinance 1949 66 of 1949 and the notification issued under it
Patanjali Sastri CJ and three other learned judges of this Court took the view that the preamble to the Act gave a clear indication about the policy underlying the Act and the object which it intended to achieve that the classification on which the impugned provisions were based was a rational classification and that the differentia on which the classification was made had a rational nexus with the object and policy of the Act
Mahajan Chandrasekhara Ayyar and Bose JJ however dissented
According to them the notification 1  660 and the impugned provisions had violated article 14
It is significant that in up holding the validity of the impugned provisions and the notifications the tests applied were the same as laid down in Anwar Ali Sarkar s case 1
The third decision pronounced by this Court in the same year is Lachmandas Kewalram Ahuja  Anr
vs The State of Bombay 2
Section 12 of the Bombay Public Safety Measures Act 1947 was struck down by the majority decision in that case as it contravened article 14 and was void under article 13 on the principles laid down in the two earlier decisions to which we have just referred
Patanjali Sastri C J struck a note of dissent
He adhered to the view which he had expressed in Anwar Ali Sarkar s case 1 and held that the impugned provision was valid
The decision in the case of Ahuja 2 proceeded on the basis that the discrimination which may have been permissible before January 26 1950 could not be sustained after the said date because it violated article 14 of the Constitution
Having regard to the objects which the act intended to achieve and the principles underlying it it was held that the said object and principles applied equally to both categories of cases those which were referred to the special judge and those which were not so referred and so the discrimination made between the two categories of cases which could not be rationally put under two different classes was violative of article 14
Thus the application of the same tests this time resulted in striking down the impugned provision and the notification
In 1953 a similar problem was posed before this Court for its decision
This time it was section 41 of the West Bengal Criminal Law Amendment Special Courts Act 1949 which was challenged in Kedar Nath Bajoria s case 3 
This Act had been passed to provide for the more speedy and more effective punishment of certain offences because the Legislature thought that it was expedient to provide for the more speedy trial and more effective punishment of certain offences which were set out in the schedule annexed 1  2  3  661 to the Act
Section 41 authorised the Provincial Government to allot cases for trial to a special judge by notification as well as transfer cases from one special judge to another or to withdraw any case from the jurisdiction of the special judge or make such modifications in the description of a case as may be considered necessary
Pronouncing the majority judgment in that case Patanjali Sastri C J elaborately considered the earlier decisions of this Court to which we have already referred applied the tests laid down therein and held that section 4 of the Act was valid and that the special court had jurisdiction to try and convict the appellants
Bose J however did not agree and recorded his dissent with deepest regret
In dealing with the merits of the controversyraised before the Court Patanjali Sastri C J referredto the fact that according to the dissenting view  thedecision of the majority in the case of Kathi Baning Rawat vs The State of Saurashtra 1 marked a retreat from the position taken up by the majority in the earlier case of Anwar Ali Sarkar He however added that the Saurashtra case 1 would seem to lay down the principle that if the impugned legislation indicates the policy which inspired it and the object which it seeks to attain the mere fact that the legislation does not itself make a complete and precise classification of the persons or things to which it is to be applied but leaves the selective application of the law to be made by the executive authority in accordance with the standard indicated or the underlying policy and object disclosed is not a sufficient ground for condemning it as arbitrary and therefore obnoxious to article 14
 There is is one more decision to which reference may be made
In Gopi Chand vs Delhi Administration 3 this Court has upheld the validity of section 361 of the East Punjab Public Safety Act 5 of 1949
The provisions of this section authorised the State Government to apply the prescribed summons procedure for the trial of the specified offences in dangerously 1  2  3  662 disturbed areas
The notification issued by the State Government under authority conferred on it by the impugned Act was challenged as offending article 14 but this challenge was repelled and the statutory provision and the notification were held to be valid
The result of these decisions appears to be this
In considering the validity of the impugned statute on the ground that it violates article 14 it would first be necessary to ascertain the policy underlying the statute and the object intended to be achieved by it
In this process the preamble to the Act and its material provisions can and must be considered
Having thus ascertained the policy and the object of the Act the court should apply the dual test in examining its validity Is the classification rational and based on intelligible differentia and has the basis of differentiation any rational nexus with its avowed policy and object  If both these tests are satisfied the statute must be held to be valid
and in such a case the consideration as to whether the same result could not have been better achieved by adopting a different classification would be foreign to the scope of the judicial enquiry
If either of the two tests is not satisfied the statute must be struck down as violative of article 14
Applying this test it seems to us that the impugned provisions contained in section 2b and the proviso to section 41 cannot be said to contravene article 14
As we have indicated earlier if in issuing the notification authorised by section 2b the State Government acts mala fide or exercises its power in a colourable way that can always be effectively challenged but in the absence of any such plea and without adequate material in that behalf this aspect of the matter does not fall to be considered in the present appeal
The result is the order passed by the High Court is confirmed and the appeal dismissed
Before we part with this appeal however we would like to add that since the offences are alleged to have been committed more than ten years ago it is desirable that the case against the appellants should now be tried and disposed of as expeditiously as possible
663 SARKAR
The question that arises in this appeal whether a certain provision of the Tribunal Criminal Jurisdiction Act 1952 W B Act XIV of 1952 is void as it takes away the right conferred by article 14 of the Constitution
In my view it is
The Act came into force on July 30 1952
The object of the Act is set out in the preamble which so far as is relevant in this case reads  Whereas it is expedient in the interests of the security of the State the maintenance of public peace and tranquillity to provide for the speedy trial of the offences specified in the Schedule It is hereby enacted  The provisions of the Act which have to be considered in this case are set out below
section 2
Definitions
In this Act unless there is anything repugnant in the subject or context a       b  disturbed area  means an area in which in the opinion of the State Government i there was or ii there is any extensive disturbance of the public peace and tranquillity and in respect of which area the State Government has issued a notification declaring such area to be a disturbed area
In cases falling under clause i the notification shall have effect during such period as may be specified therein and in cases falling under clause ii the notification shall have effect from such date as may be specified in the notification until the notification is revoked c      d  Scheduled offence  means any offence specified in the Schedule
e  Tribunal  means a Tribunal of Criminal Jurisdiction constituted under sub section 1 of section 3
section 4
i Scheduled offences shall be triable by the Tribunals only 664 SCHEDULE 1       2
An offence punishable under section 302 section 304 section 307 section 326 section 363 section 364 section 365 section 366 section 376 section 395 section 396 section 397 or section 436 of the Indian Penal Code if committed in a disturbed area
3         4
Any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in items 1 to 3
The Act provides by some of the sections which need not be set out a special procedure for trial under it
Thus the trial is to be without a jury even in case which are triable by a jury
Again the Tribunal is to follow the procedure laid down for the trial of warrant cases by a Magistrate
instituted otherwise than on a police report and the procedure for committal for trial is omitted
Further a Judge presiding over a Tribunal may act on the evidence recorded by his predecessor
The procedure provided by the Act is thus clearly less beneficent to an accused than the normal procedure under the Code of Criminal Procedure which would have to be adopted for his trial if the Act had not been passed
The learned Advocate General of West Bengal appearing for the respondent the State of West Bengal did not contend to the contrary
The Act therefore provides a disadvantageous and so a discriminatory procedure for the persons who come under its scope
We turn now to the facts of this case
On September 12 1952 the Government of West Bengal issued a notification under section 2b of the Act declaring the whole area within the jurisdiction of Kakdwip and Sagar police stations to be a disturbed area and specified the period from January 1 1948 to March 31 1950 to be the period during which the notification was to have effect
The Special Public Prosecutor Kakdwip cases of the Government of West Bengal filed a complaint against the appellants and several other persons as a result of the proceedings taken by that Government in case 665 No 1 of Judicial Department Notification No 5916 dated October 24 1952
The date of the complaint does not appear from the record
The case against the appellants and the other persons appears to be that between the dates mentioned in the Notification Of September 12 1952 they were among the leaders of the violent form of a movement called the Tebhaga movement in the Kakdwip area and they with the others led the movement to kill the landlords and jotdars and burn down their houses so that the bhagchasis that is the cultivators who cultivated the lands of the landlords and jotdars on the basis of getting a share of the crop produced might obtain full control over the lands they cultivated and the object of the movement included offering resistance to and killing the police if they intervened and burning down school houses where the police frequently camped
On the aforesaid complaint on March 3 1958 proceedings were started against the appellants under the Act
After examining 99 witnesses the learned Judge presiding over the Tribunal hearing the case framed a charge against them on May 16 1958 under section 120 B read with sections 302 and 436 of the Indian Penal Code
These offences are included in items Nos 2 and 4 of the Schedule
On May 26 1958 the appellants moved the High Court at Calcutta under article 227 of the Constitution and section 439 of the Code of Criminal Procedure for an order quashing the proceedings against them on certain grounds
I propose to deal in this judgment with one of these grounds only
It was said that s 2b of the Act in so far as it allowed the Government to declare an area in which  there was  dis turbance in the past to be a disturbed area offends article 14
of the Constitution as it then discriminates between persons who had committed the same offences in that area within the specified period but whose trials had been concluded before the notification and others similarly situated but whose trials had not been so concluded
It was said that the former class of persons had the advantage of the normal procedure while 85 666 the latter in whom the appellants are included were to tried by a less advantageous procedure
The application of the appellants was heard by a bench of the High Court consisting of Mitter and Bhattacharya JJ
These learned Judges came to entertain different views on the question
Mitter J thought that the Act had been given a retrospective operation by permitting the declaration of an area as a disturbed area for a past period but that the Act dealt only with procedure and procedural alterations were always retrospective
Bhattacharya J seems to have been of the view that a retrospective operation even of a procedural statute is not permissible if such operation results in the statute offending article 14  that the principle of the retrospective operation of a procedural statute is not available to by pass the constitutional safeguard guaranteed by article 14
In view of this difference of opinion the matter was referred to a third learned Judge of the Court namely Sen J He was of the view that the retrospective operation of the Act by which he meant the application of the procedure laid down in it to cases in respect of offences committed before the Act the trial of which had not been concluded did not offend article 14 that there was no fundamental right to a particular procedure for trial and alterations in the procedural law were always retrospective unless the contrary was indicated
He further observed  The change in the procedure made by a statute in respect of offences falling within a prescribed reasonable classification affects all pending cases of that class and so long as all pending cases within the class are tried under the special procedure there is no discrimination In the result the appellant s application was refused
They have now appealed to this Court
It seems to me that the learned Judges of the High Court were unduly oppressed by considerations of the retrospective operation of the Act
The question is not whether the Act is prospective or retrospective in its operation
Nor is it the question whether the Act deals with procedures or substantive rights
The only question is whether the Act operates in respect only of 667 a class of persons and if so whether the classification is justifiable
Whether a law offends article 14 does not depend upon whether it is prospective or retrospective
There is nothing in article 14 to indicate that a law operating retrospectively cannot offend it
It is possible both for prospective and retrospective statutes to contravene the provisions of that article
It is not necessary therefore to consider whether the Act is prospective or retrospective or whether it concerns procedure or substantive rights
The general rule is that a law must apply to all persons
But it is permissible within certain well recognised limits to validly legislate for a class of persons
The test for a valid classification is well known
It may be read from the judgment in the recent case of Sri Ram Krishna Dalmia vs Shri Justice section R Tendolkar 1
Das CJ said at p 298  In determining the validity or otherwise of such a statute the court has to examine whether such classification is or can be reasonably regarded as based upon some differentia which distinguishes such persons or things grouped together from those left out of the group and whether such differentia has a reasonable relation to the object sought to be achieved by the statute Where the court finds that the classification satisfies the tests the court will uphold the validity of the law
 Again at p 299 he observed A statute may not make any classification of the persons or things for the purpose of applying its provisions but may leave it to the discretion of the Government to select and classify persons or things to whom its provisions are to apply          the court will strike down the statute if it does not lay down any principle or policy for guiding the exercise of the discretion by the Government in the matter of selection or classification           
In such a case the court will strike down both the law as well as the executive action taken under such law 1  668 The statute before us has made a classification in regard to offences
It applies only to those offences which are mentioned in the Schedule
I will assume that this classification satisfies the test and is good
I wish to observe here that in this case I am considering the validity of the statute only in so far as it is concerned with an offence committed in a disturbed area
Such an offence comes under items 2 and 4 of the Schedule which alone therefore I have set out
Now the Act leaves it to the Government to decide which is a disturbed area and to make a classification on the basis of areas
I will also assume that the Act is not invalid in so far as it leaves it to the Government to make this classification that it lays down a principle or policy namely extensive disturbance of public peace and tranquillity for guiding the Government in making this classification
Now section 2b empowers the Government to declare an area to be a disturbed area where  there was  extensive disturbance of the public peace and tranquillity in the past
The Government has however to mention in the notification making such a declaration the period during which it shall have effect in other words the notification has to specify the period in which in the area declared a  disturbed area  disturbance of the public peace and tranquillity had taken place
The areaso declared a  disturbed area  becomes a  disturbed area  within the meaning of the Act for that period only
In such a case only such of the offences mentioned in items Nos 2 and 4 of the Schedule as were committed in the specified area during the specified period come under the scope of the Act
This is the kind of declaration of a  disturbed area  that we have in this case
The effect of this kind of declaration is that it makes the Act applicable only to persons who have committed any of the specified offences in the area and during the period indicated
As will presently be seen it does not apply to all such persons
This being a case where there had been disturbances in the area in the past the period mentioned in the declaration must be a period in the past
That is what happened in the present case
The declaration was made on 669 September 12 1952 and the period specified was from January 1 1948 to March 31 1950
It is possible in such a case that many of the persons who had committed the offences within the past period specified in the declaration might have already been tried and their trials concluded before the declaration was made
They would in such circumstances have been tried according to the normal procedure provided by the Code of Criminal Procedure
To them the Act does not apply
Other persons like the appellants who committed the same offences in the same period and in the same area but whose trials had not been concluded before the declaration was made have to be tried under the disadvantageous procedure prescribed by the Act
The effect of the Act therefore is to group into one class persons committing the specified offences in the specified area and in the specified period whose trials had not been concluded before the making of the declaration
It is only to them that the Act applies
This is where the difficulty arises
There does not seem to be any intelligible differentia by which such persons can be differentiated from others who committed the same offences in the same area and during the same period but whose trials had been concluded before the making of the declaration
The object of the Act as earlier stated is to secure speedy trials in the interests of the security of the State and the maintenance of the public peace and tranquillity in view of the extensive disturbance of the public peace and tranquillity in an area
It would be necessary to carry out this object that both the classes of persons namely those whose trials had been concluded as also those whose trials had not been concluded should be treated according to the same law
The only distinction between the two classes is that in one case the trials had been concluded while in the other they had not been
Now that is not a differentia if it may be called so which has any reasonable relation to the object of the Act
lndeed in order to secure that object it is necessary to place both the classes of persons in the same situation
By permitting a declaration classifying offences committed in the past the Act makes a classification which cannot stand the 670 well known test which I have read from Ram Krishna Dalmia s case 1
It cannot be said that the object of the Act is only to provide speedy trial and that therefore as there is of no question of speedy trial in the cases where the trial had already been concluded there is an intelligible differentia between such cases and those where the trial had not been concluded
It is quite plain that the object of the Act is not simply to provide a speedy trial
Indeed all offences require speedy trial
The object of the Act is expressly to provide speedy trial of certain offences committed in a specified area and during a specified period because  it is expedient in the interests of the security of the State the maintenance of public peace and tranquillity  to do so
The classification by areas is based on disturbance in an area and the necessily of restoring peace there
Such being the object a distinction made between the cases were the trials had been concluded and the cases where the trials had not been concluded is not a distinction which has any rational relation to that object
The learned Advocate General for the State of West Bengal contended that this case is covered by the decision of this court in Gopi Chand vs Delhi Administration 2
There no such difficulty as arises in this case had arisen
I therefore do not think that that case is of any assistance
In my view section 2b of the Act in so far as it permits an area which was a disturbed area in the past to be declared a disturbed area for the purposes of the Act offends article 14 of the Constitution and is therefore unconstitutional and void
The declaration in the present case was made under that portion of section 2b and it cannot be sustained
That portion of the Act and the Notification of September 12 1952 must therefore be held to be void
In the result I would allow the appeal
ORDER OF COURT In view of the opinion of the majority the order passed by the High Court is confirmed and the appeal is dismissed
1  2 AIR 1959 SC P 609


Summary:
In ascertaining the surplus available for the payment of bonus according to the Full Bench formula the Industrial Court allowed the statutory depreciation but did not give any credit for the rehabilitation amount claimed
The Industrial Court estimated the amount required for rehabilitation at Rs 60 lakhs out of this amount it deducted Rs 51 lakhs representing the reserves and the balance of Rs 9 lakhs spread over a period Of 15 years gave the figure of Rs 6o000 as the amount that should be set apart for the year in question for rehabilitation
This amount being less than the statutory depreciation the Industrial Court held that the appellant was not entitled to any deduction on account of rehabilitation as a prior charge
The appellant contended that the balance sheet disclosed that the entire reserves had been used as working capital and consequently the said reserves should not be excluded from the amount claimed towards rehabilitation
Held that the appellant had failed to prove that the reserves had in fact been used as working capital and as such the amount was rightly deducted by the Industrial Court from the amount fixed for rehabilitation
The Associated Cement Companies Ltd vs Its Workmen  referred to
In view of the importance of the item of rehabilitation in the calculation of the available surplus it was necessary for tribunals to weigh with great care the evidence of both parties to ascertain every sub item that went into or was subtracted from the item of rehabilitation
If parties agreed agreed figures could be accepted
If they agreed to a decision on affidavits that course could be adopted
But in the absence of agreement the procedure prescribed by 0
XIX Code of Civil Procedure had to be followed
The accounts the balance sheet and profit and loss accounts were prepared by the management and the labour had no hand in it
When so much depended on this item it was necessary that the Industrial Court insisted upon a clear proof of the item of rehabilitation and also gave a real and adequate opportunity to labour to canvass the correctness of the particulars furnished by the employers
Indian Hume Pipe Company Ltd vs Their Workmen
196o 2 SCR 32 Tata Oil Mills Company Ltd vs Its Workmen  and Anil Starch Products Ltd vs Ahmedabad Chemical Workers  Union
CA No 684 Of I957 not reported referred to 842