A.R. ANTULAY versus R.S. NAIK & ORS.

A.R. ANTULAY versus R.S. NAIK & ORS.

Revocation of special leave cannot be granted where leave was granted in presence of respondent's counsel after hearing submissions, especially with important points of law pending; trial-related objections may be addressed by appropriate appointment and remedies under law.

Parties
Appellant: A.R. Antulay; Respondent: R.S. Naik & Ors.
Jurisdiction
India
Judgment Date
29 October 1986
Procedural Posture
Criminal Miscellaneous Petition and Criminal Appeal / Application for Revocation of Special Leave After Special Leave Granted
Outcome
Application for revocation of special leave dismissed.
Legal Topics
Revocation of Special Leave, Transfer of Criminal Cases, Trial Procedure Under Criminal Law Amendment Act, Fundamental Rights, Judicial Discipline
Criminal Law Constitutional Law Revocation of Special Leave Transfer of Criminal Cases Trial Procedure Under Criminal Law Amendment Act Fundamental Rights Judicial Discipline

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Parties

A.R. Antulay

Appellant

R.S. Naik & Ors.

Respondent

Procedural Posture

Criminal Miscellaneous Petition and Criminal Appeal / Application for Revocation of Special Leave After Special Leave Granted

Legal Issues

  1. 1 Whether Supreme Court can revoke special leave granted in presence of respondent's counsel after hearing submissions
  2. 2 Whether transfer of criminal case violates Article 14 or Article 21 when passed without pleading, hearing, or consulting accused’s wishes
  3. 3 Whether High Court can try cases under Criminal Law Amendment Act, 1952 instead of Special Judge

Ratio Decidendi

Revocation of special leave cannot be granted where leave was granted in presence of respondent's counsel after hearing submissions, especially with important points of law pending; trial-related objections may be addressed by appropriate appointment and remedies under law.

Court Disposition

Application for revocation of special leave dismissed.

Orders

  • Petition to revoke special leave dismissed; trial to proceed; objections on appointment or competence of judge may be raised as per law.