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2007 Supreme(SC) 737

Supreme Court Of India
PRAHALAD PRABHUDAS PATEL - Appellant
Versus
STATE OF GUJARAT - Respondent
Arising Out Of SLP (Crl.) 1568 Of 2006
Decided On : 05/15/2007
.

The main legal point established in the judgment is the referral of appeals to be heard by a larger bench due to the similarity of issues with other connected matters pending hearing before a larger bench.

Headnote:

Special Leave Petitions - Criminal Appeals - Effect of recommendation made by the Review Committee under the provisions of The Prevention of Terrorism Act, 2002 as amended by Ordinance of 2003 - Referral to a larger bench for consideration

Fact of the Case:

The court was considering special leave petitions and criminal appeals related to the effect of recommendations made by the Review Committee under the provisions of The Prevention of Terrorism Act, 2002 as amended by Ordinance of 2003. The court proposed to dispose of the matters at the admission stage but later referred the appeals to be heard by a larger bench.

Finding of the Court:

The court found that the questions involved in the appeals required consideration by a larger bench due to the similarity of issues with other connected matters pending hearing before a larger bench.

Issues: The main issue was the effect of the recommendation made by the Review Committee under the provisions of The Prevention of Terrorism Act, 2002 as amended by Ordinance of 2003, and whether the appeals should be considered by a larger bench.

Ratio Decidendi: The court decided to refer the appeals to be heard by a larger bench due to the similarity of issues with other connected matters pending hearing before a larger bench.

Final Decision: The court directed that the matters be placed before the Hon'ble Chief Justice for appropriate directions, and the criminal appeals were to be heard by a larger bench along with other connected matters or soon after the disposal of those matters, as directed by the Hon'ble Chief Justice.

B. P. SINGH, J.

( 1 ) SPECIAL leave granted in all the special leave petitions.

( 2 ) THESE special leave petitions were placed for hearing before us and after hearing the parties we proposed to dispose of the matters at the admission stage itself. We, therefore, reserved our order. Later we were informed by counsel appearing on behalf of appellants in another appeal (Crl. A. No. 1113/2005 etc. etc.) that appeals involving the same issues had been directed to be heard by us. We, therefore, did not deliver judgment and awaited hearing of the other appeals. Ultimately those appeals were heard by us and we have referred the appeals to be heard by a larger bench by our order dated 22. 2. 2007.

( 3 ) IN appeals arising out of SLP (Crl.) Nos. 1568/2006 and 1570/2006, the questions involved inter alia relate to the effect of recommendation made by the Review Committee under the provisions of The Prevention of Terrorism Act, 2002 as amended by Ordinance of 2003. Similar questions are also involved in Crl. A. No. 1113/2005 and other connected matters, though that case relates to similar provisions in Prevention of Terrorism (Repeal) Act, 2004, which we have referred to a larger Bench. We are, therefore, of the view that the appeals arising out of SLP (Crl.) Nos. 1568/2006 and 1570/2006 should also be considered by a larger Bench and, if so, directed by the Hon'ble Chief Justice, may be heard along with Crl. A. No. 1113/2005 and other connected matters which are pending hearing before a larger Bench.

( 4 ) IN criminal appeal arising out of SLP (Crl.) No. 1357/2006 the appellants have impugned the order of the High Court dated 9. 3. 2006 dismissing their application for discharge under Section 227 of the Code of Criminal Procedure. We notice that criminal appeals giving rise to SLP (Crl.) Nos. 1357/2006, 1568/2006 and 1570/2006 were heard together by the High Court but the appeal giving rise to SLP (Crl.) No. 1357/2006 was disposed of by a separate judgment. If criminal appeals arising out of SLP (Crl.) 1568/2006 and 1570/2006 are ultimately decided in favour of the appellants, nothing may survive for consideration in the criminal appeal arising out of SLP (Crl.) 1357/2006. However, if the appellants do not succeed in the aforesaid two appeals, the Court may consider the merit of criminal appeal arising out of SLP (Crl.) No. 1357/2006.

( 5 ) IN these circumstances, we direct that criminal appeal arising out of SLP (Crl.) No. 1357/2006 may also be heard by a larger bench alongwith appeals arising out of SLP (Crl.) 1568/2006 and 1570/2006 or soon after the disposal of those two appeals, as the Hon'ble Chief Justice may direct.

( 6 ) ACCORDINGLY, we direct that these matters be placed before the Hon'ble Chief Justice for appropriate directions.

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