1981 INSC 0219
                                        Ram Narayan Singh and Another

                                                           Vs

                                               State of Uttar Pradesh

                                          Writ Petition No. 5883 of 1980

                                     (Syed M. Fazal Ali, A. Varadarajan JJ)

                                                      31.03.1981

                                                     JUDGMENT

FAZAL ALI, J. -

In this petition the vires of Section 9 of the Code of Criminal Procedure (U. P. Amendment) Act,
1976 (U. P. Act 16 of 1976) has been challenged on the ground that this section is violative of
Articles 19, 14 and 21 of the Constitution of India. The point involved is a very substantial question
of law as to the interpretation and application of various articles of the Constitution and would have
far-reaching consequences, not only, in the State of U. P. but in other States, if they choose to follow
suit and adopt the stand taken by the U. P. legislature. Section 438 of the Code of Criminal
Procedure was introduced by the Parliament as being applicable to the entire country. Perhaps it
may be reasonably argued that the State (U. P.) legislature was competent to pass this legislation as
it has received the assent of the President under Article 254 (2) and the impugned act would prevail
in the State of U. P. The question, however, remains whether or not the impugned Act could stand
the scrutiny of Articles 14, 19 and 21 of the Constitution. We, therefore, direct that this case placed
before Hon'ble the Chief Justice for being heard by a larger Bench, if not the Constitution Bench.
Liberty to mention.

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