SHER ALI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties. The detenue is produced today before this Court.

(2.) BY means of this writ petition, pe titioner Sher Ali has sought writ in the na ture of Habeas Corpus for his production in the Court and has further prayed for setting him at liberty forthwith.

(3.) ATTENTION of this Court is drawn to the case of Mithoo Vs. State of Punjab; A. I. R. 1983 Supreme Court 473, wherein constitutional Bench of the Apex Court has declared Section 303 of I. P. C. , as ultra vires and unconstitutional. The effect of said judgment is that after the enforce ment of Constitution of India, and particu larly, after the aforesaid judgment passed by the Supreme Court, the courts are bound to ignore the law, which has been declared unconstitutional by the Apex Court, as if it never existed.