Ranjan Dwivedi and Ors etc. Vs. State through C.B.I and Ors etc.
EmailAppeal: Writ Petition (Crl.) No. 268 of 1987.
WITH
Criminal Appeal No. 126 of 1987
AND
Criminal Appeal Nos. 127, 146, 257 of 1987.
WITH
Criminal Appeal No. 126 of 1987
AND
Criminal Appeal Nos. 127, 146, 257 of 1987.
Petitioner: Ranjan Dwivedi and Ors etc.
Respondent: State through C.B.I and Ors etc.
Apeal: Writ Petition (Crl.) No. 268 of 1987.
WITH
Criminal Appeal No. 126 of 1987
AND
Criminal Appeal Nos. 127, 146, 257 of 1987.
WITH
Criminal Appeal No. 126 of 1987
AND
Criminal Appeal Nos. 127, 146, 257 of 1987.
Judges: B.C.RAY & K.JAGANNATH SHETTY,JJ.
Date of Judgment: Dec 08, 1987
Head Note:
CONSTITUTION OF INDIA, 1950:
Articles 21, 32 and 136 – Right to speedy trial enshrined under Art.21 – Decision on the question likely to have far reaching consequences – Matter referred to the Constitution Bench.
JUDGEMENT:
O R D E R
1. These appeals under Art. 136 and writ petition under Art 32 of the Constitution raise a very constitutional question. The question is whether any time limit could be fixed to concretise the right to speedy trial enshrined under Art. 21 of the Constitution. The question is likely to arise more often in many cases and the decision on the question will have far reaching consequences in terms of thousands of criminal cases pending in courts all over the country. We, therefore, refer these cases to a Constitution Bench for disposal.
2. Let the papers be placed before the Hon’ble Chief Justice for necessary orders.
3. Parties are at liberty to move the Learned Chief Justice for fixing an early date of hearing.
1. These appeals under Art. 136 and writ petition under Art 32 of the Constitution raise a very constitutional question. The question is whether any time limit could be fixed to concretise the right to speedy trial enshrined under Art. 21 of the Constitution. The question is likely to arise more often in many cases and the decision on the question will have far reaching consequences in terms of thousands of criminal cases pending in courts all over the country. We, therefore, refer these cases to a Constitution Bench for disposal.
2. Let the papers be placed before the Hon’ble Chief Justice for necessary orders.
3. Parties are at liberty to move the Learned Chief Justice for fixing an early date of hearing.
