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Swami Sadashiva Brahmendra Sar (Nil)     10 June 2010

Supreme Court's 1st April helping Bhopal convicts

Dear friends on first April 2010, a Constitution Bench of  the Supreme Court allowing Lalu's appeal, held that the state government is not competent to file appeal in a case that was  investigated by the CBI.

Now, M.P. Government is preparing to file appeal for enhancement of punishment in union corbide case which was investigated by the CBI.

What will be the fate of appeal ? Should ruling of Constitution Bench (5 JJ.) in Lalu's case be re considered by a larger bench ? If yes,  what should be the bench strenth in prospective larger bench ?



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Swami Sadashiva Brahmendra Sar (Nil)     10 June 2010

Originally posted by :Dr. V.N. Tripathi
Kindly read "3 judges" in place of "5 judges" in original post

Dear friends on first April 2010, a 3 judge Bench of  the Supreme Court allowing Lalu's appeal, held that the state government is not competent to file appeal in a case that was  investigated by the CBI.

Now, M.P. Government is preparing to file appeal for enhancement of punishment in union corbide case which was investigated by the CBI.

What will be the fate of appeal ? Should ruling in Lalu's case be re considered by a larger bench ? If yes,  what should be the bench strenth in prospective larger bench as earlier decision was unanimus by 3 Judges?
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