invited to the decision of an earlier Constitution Bench in
Abdul Rehman Antulay and Ors.Vs. R.S. Nayak ... cases ran counter to the Constitution
Bench directions in Abdul Rehman Antulay's case, the latter being
five-Judge Bench decision, the appeals deserved
invited to the decision of an earlier Constitution Bench in
Abdul Rehman Antulay and Ors.Vs. R.S. Nayak ... cases ran counter to the Constitution
Bench directions in Abdul Rehman Antulay's case, the latter being
five-Judge Bench decision, the appeals deserved
Bench decision of this Court in R.S.
Nayak v A.R. Antulay (1984 (2) SCC 183 ) , the said decision
was rendered in the context ... considered
and in that view of the matter the judgment in Antulay 's case
(supra) is to be considered per incuriam. Additionally
reliance is placed on a decision of this Court in A.R. Antulay v.
R.S. Nayak and Another 1988 (2) SCC 602 ). Emphasis ... sought for but rejected by the Court.
The decision in A.R. Antulay 's case (supra) has really no application to
the facts
accused. In conclusion we hold:
(1) The dictum in A.R. Antulay case (1992
(1) SCC 225 : 1992 SCC (Cri) 93) is correct
and still ... right to speedy trial laid down as guidelines
in A.R. Antulay case (supra) adequately take
care of right to speedy trial. We uphold
reliance is placed on a decision of this Court in A.R. Antulay v.
R.S. Nayak and Another 1988 (2) SCC 602 ). Emphasis ... sought for but rejected by the Court.
The decision in A.R. Antulay 's case (supra) has really no application to
the facts
accused. In conclusion we
hold:
(1) The dictum in A.R. Antulay case is correct
and still holds the field.
(2) The propositions emerging from ... right
to speedy trial laid down as guidelines in A.R.
Antulay case adequately take care of right to
speedy trial. We uphold and reaffirm
Reliance was placed on a decision of this
Court in A.R. Antulay v. R.S. Nayak and Ors. (AIR 1988 SC
1531). The High
Nayak v. A.R. Antulay (1986 (2) SCC 716) this Court
referred to Sections 227 and 228 so far as they are relatable to
trial
Patna Municipal Corpn. (AIR 1966 SC 1678 at p.
1682); A.R. Antulay v. Ramdas Sriniwas Nayak