1. This case went up in appeal before the Federal Court along with other cases from other High Courts involving the same questions of law. The judgment of the Federal Court gives facts of the case and confirms the conclusions of the Bombay High Court in this case. Hence the judgments of Stone., C.J and Lokur, J., who disposed of the case in the Bombay High Court are not reported here. But there was no appeal on one point to the Federal Court and the portion of the judgment of Lokur, J., which deals with this point alone is given here. The judgment of the Federal Court is given in 34 A.I.R 1947 F.C 38 and may be referred to for the purpose of appreciating the point considered in the extract from Lokur, J.'s judgment which is being given here. [Sea paras. 2 and 30 to 34 of the F.C judgment.]
2. Lokur, J.:— **** It is, however, obvious that Rampur railway station being outside British India, the Governor-General could not constitute a tribunal to try an offence committed there and the allotment of the trial of that part of the case to the Second Special Tribunal at Lahore is ultra vires.
3. The learned Advocate-General has candidly conceded this. Hence in case no. 3 of 1946, the tribunal can try the petitioners only for the offence alleged to have been committed at Moradabad. We, therefore, hold that the Second Special Tribunal at Lahore is competent to try both the cases except with regard to the offence said to have been committed at Rampur railway station.
4. Rules discharged.