RAMDAS SRINIVAS NAYAK Vs. ABDUL REHMAN ANTULAY

JUDGEMENT

(1.) WHAT is the effect of the order of the Apex Court delivered by its judgment reported in 1988 (2) Supreme Court Cases 602, (A. R. Antulay v. R. S. Nayak and another) on the statements recorded by this Court in pursuance to the directions of the Apex Court passed on 16th February 1984 is the main question in this petition.

(2.) WE find it unnecessary to give details of the entire history of the prosecution which has given rise to the present petition. The present petitioner Shri Nayak prosecuted Shri A. R. Antulay as early as in the year 1981. There have been innumerable proceedings before different courts including the Apex Court. One of the proceedings relevant to the issue is the proceeding before the Apex Court which culminated in the decision reported in 1984 (2) Supreme Court Cases 183 (R. S. Nayak v. A. R. Antulay The aforesaid matter before the Supreme Court arose out of the order and decision of the learned Special Judge Shri R. B. Sule discharging the accused in the Special Case No. 24 of 1982 and Special Case No. 3 of 1983. The aforesaid order of discharge was set aside by the Apex Court and the Apex Court directed that the trial shall proceed further from the stage where the accused was discharged.

(3.) IN paragraph 73 of the aforesaid judgment the Apex Court directed that the Special Case No. 24 of 1982 and the Special Case No. 3 of 1983 pending in the Court of the Special Judge, Shri R. B. Sule are withdrawn and transferred to the High Court of Bombay with a request to the learned Chief Justice to assign these two cases to a sitting Judge of the High Court. It was further directed that on being so assigned the learned Judge may proceed to expeditiously dispose of the case preferably by holding the trial from day to day basis.