Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Special Courts Constitutional validity |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | UTTAR PRADESH GANGSTERS AND ANTI SOCIALACTIVITIES (PREVENTION) ACT, 1986:s. 12 - Trial by Special Courts to have precedence -Constitutional validity of - Held: Legislature has incorporatedsuch a provision so that an accused does not face trial in twocases simultaneously and a case before the Special Courtdoes not linger owing to clash of dates in trial - Emphasis is on speedy trial and not denial or it - As the trial under theAct would be in progress, the accused would have the fullestopportunity to defend himself and there cannot be denial offair trial - Thus, the provision does not frustrate the conceptof fair and speedy trial which are the imperative facets of Art. 21 of the Constitution - The concept of preventive detentionis not even remotely attracted to the arrest and detention foran offence under the Act - There is a distinction b~tween anaccused who faces trial in other courts and the accused in theSpecial Courts under the Act, because such accused is agangster as defined uls. 2(c) of the Act and is involved in anti- social activities with the object of disturbing public order or ofgaining any undue temporal, pecuniary, material or otheradvantage for himself or any other person - The differentiationbetween the two is a rational one and cannot be said to bearbitrary - It does not defeat the concept of permissible classification in the realm of Art. 14 of the Constitution -Constitutional validity of s. 12 of the Act, upheld - Constitutionof India, 1950 - Arts. 14, 21 and 22(4). |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 510 |
Petitioner | Dharmendra Kirthal |
Respondent | State Of U.p. And Another |
SCR | [2013] 7 S.C.R. 823 |
Judgement Date | 2013-08-02 |
Case Number | 100 |
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