MADRAS: At the Madras High Court today [May 13] Mr. Justice Horwill admitted applications filed on B. Subbaraju of Bhimavaram (West Godaveri) against his conviction by the Special Magistrate of Bhimavaram for an offence under the Defence of India Rule.

The applications were respectively in the nature of ‘Habeas corpus’ for the issue of ‘writ of certiorari’ and for the stay of sentence of whipping. The petitioner along with others was prosecuted for alleged complicity in incidents connected with the burning of Shivarappet Railway Station (West Godaveri) in August last.

He was convicted under Section 147 I.P.C. read with Rule 35 (4) and Rule 121, of the Defence of India Rules, sentenced to two years’ rigorous imprisonment and to a fine of Rs. 500 and also directed to receive 20 stripes.

He contended that the Special Magistrate of Bhimavaram appointed under the Special Courts Ordinance had no jurisdiction to convict in that according to the recent Calcutta High Court decision the Ordinance was ‘ultra vires’ and prayed that the execution of sentence relating to award of stripes might be stayed pending the disposal of the petitions.

His Lordship admitting the petitions directed notice to Government and posted the case before a full Bench on July 14 and also ordered the stay of the execution of the punishment. — Dawn Delhi

Published in Dawn, May 20th, 2018