produce the
transcripts of the questions put to the appellant and the answers given by
the appellant, recorded by Enforcement Directorate. Countering the above
submissions ... production of transcripts i.e. questions put to the
appellant and the answers which would show whether the appellant has
properly responded to the questions
Reference made in the case of Dharam Pal (Supra) came to be
answered in relation to the power of a Court of Sessions to invoke ... case to a Court
of Sessions. The said reference was answered by the Constitution Bench
in the case of Dharam Pal & Ors. v. State
order dated 22.08.2000, referred two questions to a larger Bench for determination/answer, namely;
1. Whether arrest during investigation can be stayed by this Court ... scuttled. The first information report needs to be considered and if the answer is found on a perusal thereof which leads to disclosure
evidence, any furnishing of information, if likely to
have an incriminating impact, answers the description of
being witness against oneself. Not being limited ... legal penalty for violation. So, the legal perils
following upon refusal to answer, or answer truthfully,
25
cannot be regarded as compulsion within the meaning
Justice McKenna posed a problem and proceeded to answer it."It seems like a contradiction to say that a law having equality of operating ... licence in his discretion" was sustained as constitutional. In answer to the argument that the controller might refuse a licence on his arbitrary whim
argued by amici that the procedure, whereby the courts record answers to
all questions, regardless of objections, leads to prolonged and lengthy cross
examination ... trial, in terms of Section 132 , every witness is bound to answer the
questions she or he is asked; however, that is subject
compulsion' because the test subject is not
required to give verbal answers, thereby falling outside the
protective scope of Article ... impugned
techniques, even though the latter are not explicitly
enumerated. To answer this question, it will be necessary to
discuss the principles governing the interpretation
only remedy available, that after
the questions of general importance are answered, the individual cases will
go before the Regular Benches and, therefore, the Union ... need not have been made and, therefore, there is
nothing to be answered. By referring to each of the sub-paragraphs in
paragraph
entitled to ‘default bail’ after 60 days? According to the petitioner
the answer is in the affirmative since he had not committed an offence
punishable ... dispute between the petitioner and the State.
Discussion on interpretation
19. To answer the primary question before us, we need to first decide the
meaning
which it is not possible to give an objectively correct legal answer. It is not a mere legalistic problem which can be answered definitively ... problem which raises profound social and moral issues and the answer must therefore necessarily depend on the judicial philosophy of the Judge, This would
