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Report No. 87

2. In the Special Courts Bill, 1978, AIR 1979 SC 478 (516): 1979 (1) SCC 430 (433).

In this case, the Supreme Court, while upholding the constitutional validity of Special Courts Bill, 1978 with reference to Article 14, observed that the Bill had also got to meet the challenge of Article 21. It was held by the majority in the Maneka Gandhi case that the procedure contemplated by Article 21 must be "right and just and fair and not arbitrary, fanciful or oppressive; otherwise, it would be no procedure at all and the requirement of Article 21 would not be satisfied". It was, therefore, imperative to examine whether the procedure prescribed by the Special Courts Bill was just and fair or was, in any respect, arbitrary or oppressive.

Identification of Prisoners Act, 1920 Back

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