Case Note & Summary
The case involved an appeal by the State of Rajasthan against a High Court judgment that quashed prosecutions under the Rajasthan Sati (Prevention) Ordinance, 1987 and its subsequent Act. The Ordinance was promulgated on 01.10.1987, defining Sati and prohibiting its glorification. The Collector issued a prohibitory order on 06.10.1987, which was not published in the official gazette but was communicated through press notes and radio broadcasts. Several FIRs were registered for contravening this order. The High Court found the prohibitory order not duly published and declared the prosecutions invalid. The Supreme Court, however, disagreed with the High Court's view that Sections 5 and 6 of the Act overlapped, asserting that they define distinct offences. The court emphasized that the glorification of Sati under Section 5 and the contravention of the prohibitory order under Section 6(3) are separate offences, allowing for prosecution under both. The Supreme Court allowed the appeals, set aside the High Court's judgment, and directed that the prosecutions proceed expeditiously, preferably within six months.
Headnote
A) Constitutional Law - Double Jeopardy - Distinction between Offences - Constitution of India, Article 20(2) - The court clarified that distinct offences can be prosecuted separately without violating the principle of double jeopardy. It held that the offences under Sections 5 and 6(3) of the Act are distinct and can be prosecuted independently based on the nature of the acts committed (Paras 1-6).
Issue of Consideration
Whether the provisions of Sections 5 and 6 of the Rajasthan Sati (Prevention) Act, 1987 overlap and whether prosecutions under both can be maintained.
Final Decision
The Supreme Court allowed the appeals, set aside the High Court's judgment, and directed that the prosecutions proceed against the accused persons. The Trial Court was instructed to expedite the proceedings, aiming for completion within six months from the first appearance of the accused.
Law Points
- Constitutional validity
- double jeopardy
- distinct offences
- glorification of Sati
- prohibitory orders
