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april 1954

Supreme Court of India · 1954-04-20

DHIRENDRA KUMAR MANDAL vs THE SUPERINTENDENT ANDREMEMBRANCER OF LEGAL AFFAIRS TO TH

Citation / case number
SC 1952/20
Court
Supreme Court of India
Petitioner
DHIRENDRA KUMAR MANDAL
Respondent
THE SUPERINTENDENT ANDREMEMBRANCER OF LEGAL AFFAIRS TO TH
Bench
MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,BOSE, VIVIAN,BHAGWATI, NATWARLAL H.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court ruled that the notification issued under Section 269(1) of the Code of Criminal Procedure, which denied the right to trial by jury to certain individuals while retaining it for others accused of similar offences, was void and inoperative. The Court held that this classification violated Article 14 of the Constitution as it was arbitrary and lacked a substantial basis. Furthermore, the Court clarified that Section 536 of the Code does not cure defects arising from such a notification that contravenes constitutional provisions.

DHIRENDRA KUMAR MANDAL vs THE SUPERINTENDENT ANDREMEMBRANCER OF LEGAL AFFAIRS TO TH · Niyam