SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2001 Supreme(SC) 1770

S.P.BHARUCHA, V.N.KHARE, N.SANTOSH HEGDE, Y.K.SABHARWAL, SHIVARAJ V.PATIL
P. Ramachandra Rao – Appellant
Versus
State of Karnataka – Respondent


JUDGMENT :

1. The reference to the Constitution Bench was made by an order dated 19th September, 2000 by a Bench of three learned Judges. What was said was:

    “The question is whether the earlier judgments of this court, principally, in Common Cause vs. Union of India, 1996 (4) SCC 33, Common Cause vs. Union of India, 1996 (6) SCC 775, Raj Deo Sharma vs. State of Bihar, 1998 (7) SCC 507 and Raj Deo Sharma vs. State of Bihar, 1999 (7) SCC 604, would apply to prosecutions under the Prevention of Corruption Act and other economic offences. Having perused the judgments aforementioned, we are of the view that these appeals should be heard by a Constitution Bench. We take this view because we think that it may be necessary to synthesise the various guidelines and directions issued in these judgments. We are also of the view that a Constitution Bench should consider whether time limits of the nature mentioned in some of these judgments can, under the law, be laid down.”

2. We have now been taken through the Constitution Bench judgment in A.R. Antulay and Others vs. R.S. Nayak and Others, 1992 (1) SCC 225 and the four judgments afore-mentioned.

3. The Constitution Bench judgment in A.R. Antulay'

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top