STATE (UNION OF INDIA) versus RAM SARAN

STATE (UNION OF INDIA) versus RAM SARAN

Assistant Commandant of CRPF has jurisdiction to try specially created offences under CRPF Act as empowered by Parliament; the vires of statutory provisions cannot be decided in appellate or revisional jurisdiction, but only through constitutional judicial review. The Courts below erred in holding lack of...

Source-derived case information.

Parties
Appellant: State (Union of India); Respondent: Ram Saran
Jurisdiction
India
Judgment Date
04 December 2003
Procedural Posture
Criminal Appeal / Supreme Court Appeal After Revision Dismissed by Himachal Pradesh High Court
Outcome
Appeal allowed
Legal Topics
Jurisdiction of Assistant Commandant, CRPF Disciplinary Proceedings, Vires and Judicial Review, Application of Cr PC to Special Laws
Service Law Criminal Law Constitutional Law Jurisdiction of Assistant Commandant CRPF Disciplinary Proceedings Vires and Judicial Review Application of Cr PC to Special Laws

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Summary, issues, holding and outcome

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Parties

State (Union of India)

Appellant

Ram Saran

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal After Revision Dismissed by Himachal Pradesh High Court

Legal Issues

  1. 1 Whether Assistant Commandant of CRPF has jurisdiction to try offences as Judicial Magistrate under CRPF Act
  2. 2 Whether vires of statutory provisions can be questioned in appellate or revisional proceedings
  3. 3 Applicability of Code of Criminal Procedure to CRPF disciplinary proceedings

Ratio Decidendi

Assistant Commandant of CRPF has jurisdiction to try specially created offences under CRPF Act as empowered by Parliament; the vires of statutory provisions cannot be decided in appellate or revisional jurisdiction, but only through constitutional judicial review. The Courts below erred in holding lack of jurisdiction, ignoring the special non obstante provisions and legislative competence.

Court Disposition

Appeal allowed

Orders

  • Fine of two months pay imposed on respondent Ram Saran in lieu of imprisonment.