Legal Street registered trademark

Supreme Court of India

Dharmendra Kirthal v. State of U.P. and Another

Neutral citation
Reported as [2013] 7 S.C.R. 823
Bench H. L. Gokhale and Dipak Misra JJ.
Decided 2 August 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In view of the aforesaid analysis, we uphold the constitutional validity of Section 12 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 as D it does not infringe any of the facets of Articles 14 and 21 of the Constitution of India.

Judgment, page 31

From the headnote

UTTAR PRADESH GANGSTERS AND ANTI SOCIAL ACTIVITIES (PREVENTION) ACT, 1986: c s. 12 - Trial by Special Courts to have precedence - Constitutional validity of - Held: Legislature has incorporated such a provision so that an accused does not face trial in two cases simultaneously and a case before the Special Court does not linger owing to clash of dates in trial - Emphasis is 0 on speedy trial and not denial or it - As the trial under the Act would be in progress, the accused would have the fullest opportunity to defend himself and there cannot be denial of fair trial - Thus, the provision does

Authorities it was built on

Where later benches applied it

Of those, 1 mentioned

Sign in free to read it

  • The full judgment, page by page, as published in the Supreme Court Reports
  • The ratio: what the Court held, verbatim, with the page it sits on
  • Every bench that relied on it, and every bench that argued against it
  • Search every reported judgment, by party, citation or question
  • Download the PDF, copy pinpoint citations ready for a filing
Sign in to read - for free

An email address, no password.