can cr.p.c amendment Act' 2008 b challenged?
Apurva Kumar
(Querist) 21 January 2009
This query is : Resolved
Can the proposed Cr.P.C amendment Act of 2008 be challenged before the Apex Court/supreme court of india.
Kiran Kumar
(Expert) 22 January 2009
why not?
but prior to that it must be noticed that the amendments r yet to b notified...so better to go into delibrations with the legislature and the executive first before going to the court.
challenging the vires of amendments is a larger issue...shall not affect the basic structure of the constitution of India.
otherwise judiciary is bound to enforce the law created by the legislature...isn't it?
PALNITKAR V.V.
(Expert) 22 January 2009
Yes. Mr. Kiran Kumar is right. But the writ has to be filed in HC. Normally SC does not entertain the writ directly.
MANISH
(Expert) 22 January 2009
Mr. Kiran Kumar is very much correct.
But Mr. Palnitkar, the writ may even be filed in the Supreme Court directly without going to the High Court, as the problem that is concerned over here is that regarding the Central Act, and not of any state law or about any amendment applicable to one state only.
Hence a writ may be filed directly in the Supreme Court.
Adv.Shine Thomas
(Expert) 25 January 2009
Yes,a writ can be filed directly in the SC in this matter.
