Lawstreet Journal

Supreme Court Live Hearing: Matter pertaining to MP/MLA courts being heard in the court now

Lawstreet Journal 24 Nov 2021 6:20pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court Live Hearing: Matter pertaining to MP/MLA courts being heard in the court now

CJI: We have perused the amicus report and we discussed about it, please read the order of Justice Gogoi of December 2018.

Vijay Hansari, Amicus explains the contents of his previous report.

CJI: As per law cases which have to be tried by a court needs to be tried by the same court. The intention of the court is session judge cannot take special cases and deprive of one remedy.

CJI: Karnataka has issued notification designating some special courts.

Hansari: There is a discrepancy among the states in this regard, some states they have special court at the sessions level.

Hansari reads order from 2020

CJI: We clarified this in the order dated 16th September 2020, read para 7 of the order.

Hansari: The competence of the court cannot be disputed in light of CrPC Section 26. Section 406 and 407 power of transfer is to that court or court of superior jurisdiction.

DYC J: Under 374, an appeal will lie at the HC and there is not right of revision

Hansari reads the court’s judgment in SR Tele holdings Ltd on 2G scam.

Hansari: There was an issue pertaining to whether a special judge can try an offence pertaining to Section 420. It says Higher court can try and offence if there is no prejudice milords

CJI: What is the law decided here?

DYC J: Please read para 25.

DYC J: One set of accused were charged under for PC and other charged under is IPC. What happens when you don’t have a different set of accused?

CJI: We are not in the… Continue Reading...

Tagged: Supreme Court of India  
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