Supreme Court of India · 2008-12-01
ANUSUYABEN SADASHIV JADAV vs UNION OF INDIA .
- Citation / case number
- SC 2005/11742
- Court
- Supreme Court of India
- Petitioner
- ANUSUYABEN SADASHIV JADAV
- Respondent
- UNION OF INDIA .
- Author
- K.G. BALAKRISHNAN,R.V. RAVEENDRAN,DALVEER BHANDARI, ,
- Bench
- K.G. BALAKRISHNAN,R.V. RAVEENDRAN,DALVEER BHANDARI, ,
Judgment text excerpt
The Supreme Court upheld the validity of Section 2(3) and (5) of the Repealing Act, affirming that the deemed withdrawal of cases under POTA does not necessitate following the procedure under Section 321 of the Code. The Court set aside previous judgments that contradicted this view and allowed appeals by POTA accused in part, while reserving the right for victims' relatives to challenge Review Committee opinions. The Court directed that cases be transferred to Sessions Judges for trial, emphasizing the need for expeditious handling of under-trial prisoners' matters.