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december 2008

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.

ANUSUYABEN SADASHIV JADAV vs UNION OF INDIA . · Niyam