tag:blogger.com,1999:blog-15602189.post7186741048448676310..comments2023-09-21T16:17:51.838+05:30Comments on Law and Other Things: Allahabad High Court hearing on impunity provisionAnonymoushttp://www.blogger.com/profile/09348738084817273397noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-15602189.post-7336677170965030372009-05-29T09:20:49.220+05:302009-05-29T09:20:49.220+05:30Its at the Supreme Court. Don't ever try to trace ...Its at the Supreme Court. Don't ever try to trace the history of this litigation - its simply too convoluted. It arose several decades ago. Was partly answered by the Supreme Court. Years later, it then came back again to the Supreme Court. After a Bench was constituted to look into this, parties cited a particular judgment and asserted that the matter was thereby settled. The case at hand was dismissed. Years later, some other party came to the Court and stated that the matter was still not resolved. Another Bench was constituted to look into it. It felt that the prior Bench could not have been satisfied with the authority presented to it as the precedent had nothing whatsoever with the subject at hand. So it goes... <br /><br />Civil Appeals 6249-6250 of 2001.<br />State of West Bengal v. Committee for Protection of Democratic Rights and Ors. (heard with numerous other petitions)<br /><br />I just wonder if there is something elusive in this country concerning litigation that involves high profile politicians. It seems to go on for ever...<br /><br /><br />A Constitution Bench has reserved its Judgment on this matter on 11-Dec-2008. You will find the details here:<br /><br />http://courtnic.nic.in/supremecourt/temp/ac%206249-625001p.txt<br /><br />I am certain that a large number of high profile accused in various High Courts would salivate to see the Supreme Court hold that the CBI lacked jurisdiction to proceed in accordance with the directions of the High Court unless it obtained consent of the State Government in every such case. What they forget however, is that the Orders of a Court have no retrospective operation and unless a specific objection was taken to the jurisdiction of the CBI before the High Court, an Order was secured on the validity of that objection and an unfavourable verdict was appealed to a higher Court, the accused in such cases would not benefit from any favourable judgment in the SC case.K.V.DHANANJAYhttps://www.blogger.com/profile/05545845529229026684noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-86118322952481878242009-05-28T23:35:37.496+05:302009-05-28T23:35:37.496+05:30Dear Dhananjay, could you please give a link to th...Dear Dhananjay, could you please give a link to the constitutional bench case you refer to? Is it before the SC?Tarunabh Khaitanhttps://www.blogger.com/profile/07234574402062317396noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-83169316073630933122009-05-28T21:38:27.109+05:302009-05-28T21:38:27.109+05:30Its really time that our Supreme Court deal with a...Its really time that our Supreme Court deal with and resolve a host of petitions dealing with this very issue. <br /><br />A large number of petitions - challenging the competence of a High Court, in exercise of its jurisdiction under Article 226, to Order the CBI to investigate into an offence committed within its jurisdiction notwithstanding Section 6 of the DSPE Act (the charter for the CBI) that necessitates the consent of the State Government in order to probe an offence committed within that State - are awaiting Judgment and one hopes that the Constitution Bench formed to resolve these cases will deliver its verdict at the earliest.<br /><br />On every working day in this country, some High Court or the other is directing the CBI to investigate some office within that State and it is absolutely imperative to resolve this controversy at the earliest.<br /><br />Section 19 of the PC Act, 1988 is absolutely unconstitutional as it vests a judicial function in an executive without imposing the requirements that a judicial officer must abide by.K.V.DHANANJAYhttps://www.blogger.com/profile/05545845529229026684noreply@blogger.com