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1 - 10 of 27 (0.59 seconds)Article 21 in Constitution of India [Constitution]
Section 63 in Assam Panchayat Act, 1994 [Entire Act]
The Code of Criminal Procedure, 1973
Assam Panchayat Act, 1994
Section 447 in The Indian Penal Code, 1860 [Entire Act]
Article 19 in Constitution of India [Constitution]
The State Of Bombay vs Atma Ram Sridhar Vaidya on 25 January, 1951
In
support of his contention that the right of defence of the
arrested person given by cl. (1) of Art. 22, should be
restricted to trial of offences in which the accused is in
jeopardy of being deprived of his life or liberty, Mr. Sen
relied upon the observations of Das, J. in State of Bombay
v. Atma Ram Sr.dhar Vaidya(1) that Art. 22 sets forth
certain procedural requirements which, as a matter of
constitutional necessity, must be adopted and included in
any procedure that may be enacted by the legislature and it
accordance with which a person may be deprived of his life
or personal liberty.
The State Of Punjab vs Ajaib Singh And Another on 10 November, 1952
As soon as the respondents were arrested without warrants
issued by a Court, they acquired the rights guaranteed by
cl. (1) of Art. 22. It is true that they were subsequently
released on bail and at the time of the trial before the
Nyaya Panchayat they were not being detained. But the right
attaching to them on their arrest continued though they were
not under detention at the time of the trial. The right was
not lost because they were released on bail.
The respondents were arrested otherwise than under a warrant
issued by a Court on the accusation that they had committed
crimes. Their arrests, therefore, satisfy the test laid
down in Ajaib Singh's case(1), and are within the purview of
cl. (1) of Art. 22. We express no opinion on the question
whether the test of an arrest laid down in that case is
exhaustive.
A.K. Gopalan vs The State Of Madras.Union Of India: ... on 19 May, 1950
He also relied upon the following ob-
servations of Das, J. in A. K. Gopalan v. The State(1) at p.
325 "Clauses (1) and (2) of Article 22 lay down the
procedure that has to be followed when a man is arrested."
For the purposes of this case, let us give these
observations their full effect. When any person is
arrested, he is deprived of his liberty, the procedure third
down in cl. (1) of Art. 22 must then be followed, and he
must be allowed the right to be defended by counsel of his
choice. No
(1) [1951] S.C.R. 167,204.