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february 1980

Supreme Court of India · 1980-02-01

P. S. R. SADHANANTHAM vs ARUNACHALAM & ANR.

Citation / case number
SC 1979/62780
Court
Supreme Court of India
Petitioner
P. S. R. SADHANANTHAM
Respondent
ARUNACHALAM & ANR.
Author
KRISHNAIYER, V.R.,FAZALALI, SYED MURTAZA,DESAI, D.A.,PATHAK, R.S.,KOSHAL, A.D.
Bench
KRISHNAIYER, V.R.,FAZALALI, SYED MURTAZA,DESAI, D.A.,PATHAK, R.S.,KOSHAL, A.D.

Judgment text excerpt

The Supreme Court dismissed the writ petition filed under Article 32, asserting that Article 136 grants the Court discretionary power to grant special leave to appeal, even in the absence of an antecedent right of appeal. The Court emphasized that justice is compromised when guilty parties evade punishment, and that Article 136 serves as a mechanism to address such injustices. The judgment clarified that the exercise of this power must adhere to established judicial principles, ensuring that fair procedure under Article 21 is maintained in the process.

P. S. R. SADHANANTHAM vs ARUNACHALAM & ANR. · Niyam