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Report No. 58

Lord Simon's observations

3.57. In 1941, a statement1 was made by Lord Simon, L.C. presiding in the Judicial Committee, in which he first enunciated the practice in general terms:

"Broadly speaking, the Judicial Committee will. only interfere where there has been an infringement of the essential principles of justice."

Though the Supreme Court's jurisdiction under Article 136 need not be equated to that of the Privy Council, the above statement, gives an idea of the broad considerations on which leave will be granted in criminal cases.

1. Muhammad Nawaz v. R., 1941 LR 68 IA 126.

Structure and Jurisdiction of the Higher Judiciary Back

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