that Article 313 of the Constitution is to be read with Article 309 , and what is contemplated by Article 313 is that the laws enforced ... Constitution of India. Article 309 of the Constitution is subject to the other provisions in the Constitution while the right conferred by Article 313
rule made under the proviso to Article 309 of the Constitution of India or contained under Article 313 of that Constitution shall be construed
which was issued under the proviso to Article 309 read with Article 313 of the Constitution, Heads of major departments specified in Appendix J thereto
which was issued under the proviso to Article 309 read with Article 313 of the Constitution, Heads of major departments specified in Appendix J thereto
embodied in a conjunctive reading of Article 20(3) of the Constitution and Sections 161(2) , 313(3) and Proviso (b) of Section
Articles 14 , 19(1)(a) and 21 of the
Constitution of India.
(iii) When there is no specific bar in Section 313 ... under Section 313 of the Code
amounts to violation of fundamental right contemplated under Articles 21 and
22(1) of the Constitution of India
self-incrimination protected under Article 20(3) and the
right to personal liberty protected under Article 21 of the
Constitution of India. Learned senior counsel ... embodied in a conjunctive reading of Article 20(3) of
the Constitution and Sections 161(2), 313(3) and
12
proviso (b) of Section
article 20 of the Constitution. Further, after
2
Maneka Gandhi V Union Of India, (1978 (1) SCC 248), Article 21 of the
Constitution of India ... necessary. The right is protected by
Articles 20 (3) and 21 of the Constitution and sections 161 (2) , 313 (3)
and 315 of the Code
legal position with respect to Section 313 of
Cr.P.C. and has held that Section 313 of Cr.P.C. confers valuable rights
upon ... right, as a constitutional right to a fair trial under
Article 21 of the Constitution.
11. Another decision relied upon by learned counsel
pointed out that the accused
(Yasin Ali) in his statement u/s 313 Cr.P.C. has also taken the same plea which finds support ... right, as a constitutional right to a fair trial
under Article 21 of the Constitution, even if it was not to be considered
