LAWS(SC)-2023-1-8

KAUSHAL KISHOR Vs. STATE OF UTTAR PRADESH

Decided On January 03, 2023
KAUSHAL KISHOR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) By an order dtd. 5/10/2017, a Three Member Bench of this Court directed Writ Petition (Criminal) No.113 of 2016 to be placed before the Constitution Bench, after two learned senior counsel, appointed as amicus curiae, submitted that the questions arising for consideration in the writ petition were of great importance. Though the Bench recorded, in its order dtd. 5/10/2017, the questions that were submitted by the learned amicus curiae, the Three Member Bench did not frame any particular question, but directed the matter to be placed before the Constitution Bench.

(2.) At this juncture, a Special Leave Petition (Diary) No.34629 of 2017 arising out a judgment of the Kerala High Court came up before the same Three Member Bench. Finding that the questions raised in the said SLP were also similar, this Court passed an order on 10/11/2017, directing the said SLP also to be tagged with Writ Petition (Criminal) No.113 of 2016.

(3.) Thereafter, the Constitution Bench, by an order dtd. 24/10/2019, formulated the following five questions to be decided by this Court:-