TMI Blog1976 (4) TMI 223X X X X Extracts X X X X X X X X Extracts X X X X ..... n a capital charges has the power to issue a non bailable warrant for the arrest and committal to prison of the accused respondent who had been acquitted by the High Court? Mr. R. K. Garg, Counsel for the accused-respondents herein, col tends that while the legislature has, in its wisdom, empowered the High Court to cause an accused person to be arrested and committed to prison pending the disposal of the appeal against acquittal, no such power has been conferred on the Supreme Court by the Code or any other statute. According to Counsel, in the absence of a specific statutory provision, the inherent power of the Court to do complete justice under the Code or even under Article 142 of the Constitution cannot be invoked to order deprivati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... usuf v. Mahomed Haji Ahmed Agbotwale and anr.. We are unable to accept the contentions advanced by Mr. Garg. To appreciate the point involved, it will be useful to have a look at the provisions of s. 427 of the Code of Criminal Procedure, 1898 and its historical perspective. This section (which has been re-enacted as s. 390 of the new Code of 1973) provides: When are appeal is presented under s. 411A subsection (2) or section 417, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal, or admit him to bail. It may be noted that this provision was for the first ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prison of the accused-respondent of or his enlargement on bail, pending disposal of the appeal against his acquittal. This power was ancillary to and necessary for an effective exercise Of its jurisdiction in an appeal against an order of acquittal, conferred on the High Court by the Code. As far back as 1824, in the English case, Bana v. Methuen and ors. Best J. following an older precedent enunciated the rule that: When an act of Parliament gives a justice jurisdiction over an offence, it impliedly gives him a power to make out a warrant, and bring before him any person charged with such offence . This is the rationale of s.427. As soon as the High Court on perusing a petition of appeal against an order of acquittal considers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... territory of India . With the same end in view, clause (2) of that Article (subject of course to law, if any, made by Parliament) gives this Court all and every power to make any order for the purpose of securing the attendance of any person . Thus there can be no doubt that this Court while granting special leave to appeal against an order of acquittal on a capital charge is competent by virtue of Article 142 read with Article 13, to exercise the same powers which the High Court has under s. 427. Whether ill the circumstances of the case The attendance of the accused respondent can be best secured by issuing a bailable warrant or non-bailable warrant is a matter which rests entirely in the discretion of the Court. Although, the discre ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
