Saturday, August 16, 2014

Exercise of constitutional jurisdiction

Accused invoking constitutional jurisdiction for a writ of prohibition against restart of proceedings against him trial court not lacking jurisdiction and no justification existing stopping proceedings petition suffering from lack of merits. No case made out for interference petition dismissed. [AIR 1965 SC 83; 1985 PCr. LJ 499]

Protection on conviction for offences

The conviction and sentence in criminal proceedings under ex-post facto law, is prohibited. The sentence impassible on date of commission of offence has to determine sentence impossible on completion of trial. [AIR 2010 SC 199].

Scope

Article 12 of the Constitution relates to law regarding an offence and has got no concern with the civil rights. [240 US 328].