Constitution of India, 1950 - Article 21 - Right to speedy trial - Criminal
Proceedings - Limitation bar provided by judgment of smaller Benches of
Supreme Court-Held, such bar contrary to law laid down by larger Bench
in Antulay's case - Limitation bars not good law, since the same would amount
to impermissible legislation and contrary to law of precedent - To effectuate
the right to speedy trial, powers under Sections 309, 311, 258 and 482 of Code of Criminal Procedure and Articles 226 and 227 of Constitution could be exercised-Code of Criminal Procedure, 1973 - Sections 309, 311, 258
and 482.
Doctrines :
Doctrine of precedent - Pronouncements by smaller Benches contrary to law laid down by larger bench - Smaller Bench is bound by view expressed
by larger Bench.
Judicial Review:
Held, is restricted to declaring and interpreting law and removing obvious lacunae and filling the gaps - Not to entrench upon the field of legislation
which is meant for legislature - Constitution of India, 1950 - Articles 32, 21,
141, 142 - Code of Criminal Procedure, 1973 - Chapter XXXVI.