Report No. 58

Special aspect of Criminal cases as involving liberty considered

3.12. We ought to state that while we considered the question of amending Article 134(1)(c) of the Constitution, we gave anxious consideration to the fact that, unlike civil cases, criminal cases involve a question of life and liberty of the citizen. After elaborate consideration, however, we came to the conclusion that amending Article 134(1)(c), on lines similar to those on which Article 133(1)(c) has recently been amended by Parliament in pursuance of out recommendation, would cause no hardship or injustice. In our view, cases of grave miscarriage of justice can be easily saved and covered under Article 136 of the Constitution. Whenever the Supreme Court is satisfied that in criminal proceedings, the ultimate verdict of the High Court has caused grave miscarriage of justice, its jurisdiction to grant special leave to the litigant, aggrieved by such a verdict, is unlimited; and so, amending Article 134(1)(c) would cause no real 'hardship.