Supreme Court of India
Balbir Singh v. State of Delhi
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What the Court ordered
We hold: ( 1) The dictum in A. R. Antu lay case is correct and still holds the field. (2) The propositions emerging from Article 21 of the Constitution and expounding the right to speedy trial laid down as guidelines in A.R. B Antulay case adequately take care of right to speedy trial.
Judgment, page 6
From the headnote
Terrorist and Disruption Activities (Prevention) Act, 1987-ss. 3, 4, 5, 6 and 20A(2)-Absence of sanction of the Police Commissioner under s.20A(2)- Effect of-Held: Designated TADA Court consequently had no jurisdiction to proceed in the matter and take cognizance of the offence-But that did not lead to acquittal of the accused-On subsequent grant of sanction, proceedings could be legally continued against the accused-Arms Act, 1959-ss. 25 & 26--Code of Criminal Procedure, 1973-s.300. By order dated 19.4.1997, the Designated TADA Court had held that in absence of sanction of the Commissioner
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