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's case holds that “it is neither advisable nor feasible to draw or prescribe an outer time Limit for conclusion of all criminal proceedings”. Even so, the four judgments afore-mentioned lay down such time limits. Two of them also lay down to which class of criminal proceedings such time limits should apply and to which class they should not.

4. We think, in these circumstances, that a Bench of seven learned Judges should consider whether the dictum afore-mentioned in A.R. Antulay's case still holds the field; if not, whether the general directions of the kind given in these judgments are permissible in law and should be upheld.

5. Having regard to what is to be considered by the Bench of seven learned Judges, notice shall issue to the Attorney General and to the Advocates General of the States.

6. The papers shall be placed before the Hon'ble the Chief Justice for appropriate directions. Having regard to the importance of the matter, the Bench may be constituted at an early date.