cover image: The Calcutta Weekly Notes  Monday  June 8  1942

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The Calcutta Weekly Notes Monday June 8 1942

1942

Though I definitely stated before the Court that I did not prpose to urge it I could not give up the point and ask the Court not to decide it as without that there could be no special leave on the merits of the case and the whole appeal might be incompetent. [...] 102 of the Constitution Act about the limitations on the otherwise unlimited emergency powers of the Govenor-General but this was ruled out as irrlevant with the Lord Privy Seal witnessing the event and.I could not press it further under the circumstances as the point was not covered either by the certificate of the nigh Court or by any ground taken in the petition. [...] The judgment in the case has been in favour of the Appellant on a point of sustance and the popular contention about the dements of the offence of sedition has at long last been upheld and so other technical points raised in the case not considered to be unimportant by the F. C. have to recede to the background now. [...] As to the another' point concerning sec toe of the Constitution Act ruled out by the court as irrelevant with the Lord Privy Seal witnessing the event we concede that politically the point is of the utmost importance and should be canvassed in a proper forum. [...] It is not clear why the correspondent should refer to the circumstance of the Lord Privy Seal winessing the event unless it be to emphasise the impotance of the occasion (3).
law
Pages
2
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday June 8 1942
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