HABEEB MOHAMED versus THE STATE OF HYDERABAD

HABEEB MOHAMED versus THE STATE OF HYDERABAD

There has not been any discrimination in procedural matters that prejudiced the accused, and the trial procedure under Regulation X, after eliminating discriminatory provisions, provided substantially the benefits of a trial under ordinary law. The delegation of authority under section 5(b) was valid by official designation.

Parties
Appellant: Habeeb Mohamed; Respondent: The State of Hyderabad
Jurisdiction
India
Judgment Date
30 March 1953
Procedural Posture
Criminal Appeal and Petition Under Article 32 / Preliminary Hearing on Constitutional Points
Outcome
Petition dismissed
Legal Topics
Equal Protection, Validity of Pre Constitution Statutes, Trial by Special Judge, Delegation of Authority
Constitutional Law Criminal Procedure Equal Protection Validity of Pre Constitution Statutes Trial by Special Judge Delegation of Authority

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Habeeb Mohamed

Appellant

The State of Hyderabad

Respondent

Procedural Posture

Criminal Appeal and Petition Under Article 32 / Preliminary Hearing on Constitutional Points

Legal Issues

  1. 1 Whether Regulation X of 1359F. was void after 26th January 1950 for being inconsistent with Article 14 of the Constitution
  2. 2 Whether procedural deviations from ordinary law deprived the accused of equal protection
  3. 3 Validity of delegation under section 5(b) of Regulation X

Ratio Decidendi

There has not been any discrimination in procedural matters that prejudiced the accused, and the trial procedure under Regulation X, after eliminating discriminatory provisions, provided substantially the benefits of a trial under ordinary law. The delegation of authority under section 5(b) was valid by official designation.

Court Disposition

Petition dismissed

Orders

  • Petition under Article 32 is rejected
  • Case to be posted for hearing on merits