PEARE LAL SHOW Vs. STATE

JUDGEMENT

(1.) THESE two Rules involve a point of some importance in the administration of criminal justice. The petitioners contend that the learned Magistrate's order requiring them to attend test identification parades violates their fundamental right under Article 20(3) of the Constitution which is in these terms:

(2.) I have had the advantage of reading the judgment which my learned brother is about to deliver. I should nevertheless like to express my own views on the subject.

(3.) A similar point was decided by a single learned Judge of the Madras High Court in the case of Subayya Goundar v. B. Subramaniam, : AIR1959Mad396 . There, the learned Judge referred, amongst others, to the case of Holt v. United States, (1910) 218 US 245. At page 522 of Willis' Constitutional Law, 1936 Edition, appears the following passage which is germane to the question before us: