Case Note & Summary
The case involved review petitions filed by the petitioner against a previous order of the Supreme Court dismissing Special Leave Petitions concerning the validity of a Notification issued by the Government of Uttar Pradesh. The Notification, dated 8.10.1993, was challenged on the grounds that it was issued without consultation with the High Court, as mandated by Section 11(1) of the Code of Criminal Procedure, 1973. The background of the case stemmed from the demolition of the Babri Masjid on 6th December 1992, leading to multiple criminal cases being registered. The High Court had previously ruled that the Notification was invalid, and the petitioner sought to review the Supreme Court's dismissal of the Special Leave Petitions. The court analyzed whether the High Court's conclusion regarding the lack of consultation was justified, noting that both parties conceded to this fact. The court found no error in its earlier dismissal of the Special Leave Petitions and dismissed the review petitions, while correcting a typographical error in the previous order. The court emphasized that the State Government had the discretion to issue a fresh notification to rectify the situation if it chose to do so.
Headnote
A) Criminal Procedure - Invalid Notification - Lack of Consultation with High Court - Code of Criminal Procedure, 1973, Section 11(1) - The court upheld the High Court's finding that the Notification dated 8.10.1993 was invalid as it was issued without prior consultation with the High Court, which is a requirement under the law. The court noted that the State Government could rectify this by issuing a fresh notification after proper consultation (Paras 1-5).
Issue of Consideration
Whether the Notification dated 8.10.1993 was invalid due to lack of consultation with the High Court.
Final Decision
The Supreme Court dismissed the review petitions, finding no merit in the claims and correcting a typographical error in the previous order.
Law Points
- Review of orders
- consultation with High Court
- jurisdiction of Special Courts
- Criminal Procedure Code
- invalid notifications
