Case Note & Summary
The case involved a petition for revocation of special leave granted by the Supreme Court in a criminal appeal. The petitioner, A.R. Antulay, sought to revoke the special leave on the grounds that it was granted without adequate consideration of the legal implications involved. The Supreme Court, however, upheld the special leave, stating that it had been granted in the presence of the respondents' counsel after hearing their submissions. The court noted the importance of the legal issues at stake and agreed to refer the case to a larger bench for further examination. The court emphasized the need for an expeditious trial, particularly given the significant time that had elapsed since the initiation of the case. The court also addressed various legal questions regarding the appointment of Special Judges under the Criminal Law Amendment Act, 1952, and the implications of transferring cases to the High Court. Ultimately, the court rejected the prayer for vacating the stay and directed that the case be listed for hearing before a bench of seven judges, allowing liberty to mention for early hearing. The decision underscored the court's commitment to ensuring that the accused's rights under Articles 14 and 21 of the Constitution were upheld while navigating the complexities of the legal process.
Headnote
A) Criminal Procedure - Revocation of Special Leave - Grounds for Revocation - Supreme Court Rules, 1966, Order XVI - The court found no grounds to revoke the special leave previously granted, as it was done after hearing the submissions of the respondents' counsel. The court directed that the case be referred to a larger bench for further consideration. Held that the petition for revocation was denied (Paras 1-2).
Issue of Consideration
Whether an application for revocation of special leave can be granted by the Supreme Court when the special leave was previously granted in the presence of counsel for the respondents.
Final Decision
The Supreme Court upheld the special leave and denied the petition for revocation, directing that the case be referred to a larger bench for further consideration.
Law Points
- Revocation of special leave
- Criminal Law Amendment Act
- 1952
- Article 14
- Article 21
- Special Judge appointment
- Judicial discipline
