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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY .

No. 52A] NEW DELHI, MONDAY, NOVEMBER 17, 1969/KARTIKA 26, 1891

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

LOK SABHA

The following report of the Select Committee on the Bill to enlarge the appellate jurisdiction of the Supreme Court in regard to criminal matters was presented to Lok Sabha on the 17th November, 1969.

COMPOSITION OF THE COMMITTEE

Shri N. C. Chatterjee— Chairman

MEMBERS

2. Shri Krishna Kumar Chatterji 3. Shri C. C. Desai 4. Shri Shivajirao S. Deshmukh 5. Shri Shri Chand Goyal 6. Shri Tulsidas Dasappa 7. Shri S. M. Joshi 8. Shri S. M. Krishna 9. Shri Krishnan Manoharan

10. Shri Vikram Chand Mahajan 11. Shri Bhola Nath Master

12. Shri P. Govinda Menon 13. Shri Bakar Ali Mirza

'Appointed on the 14th May, 1969 vice Shri K. Hanumanthuya resigned.

(916/1)

916/2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

14. Shri H. N. Mukerjee

15. Shrimati Sharda Mukerjee

16. Shri Anand Narain Mulla

17. Shri K. Ananda Nambiar

18. Shri Mrityunjay Prasad

19. Shri K. Narayana Rao

20. Shri Sheo Narain

21. Shri Tenneti Viswanatham

22. Chaudhuri Randhir Singh

LEGISLATIVE COUNSEL

1. Shri P. L. Gupta, Additional Legislative Counsel, Ministry of Law.

2. Shri A. G. Nambiar, Deputy Legal Adviser, Ministry of Law.

3. Shri H. C. Gupta, Asstt. Legal Adviser, Ministry of Law.

SECRETARIAT

Shri M. C. Chawla—Deputy Secretary.

SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 916/3

REPORT OF THE SELECT COMMITTEE

1. the Chairman of the Select Committee to which the Bill* to enlarge the appellate jurisdiction of the Supreme Court in regard to criminal matters was referred, having been authorised to submit the Report on their behalf, present their Report with the Bill, as amended by the Com- mittee, annexed thereto.

2. The Bill was introduced in Lok Sabha on the 15th November, 1968. The motion for reference of the Bill to a Select Committee was moved in Lok Sabha by Chaudhuri Randhir Singh, M.P. on the 18th April, 1969 which was discussed and adopted on the same day.

3. The Committee held 7 sittings in all.

4. The first sitting of the Committee was held on the 30th April, 1969 to draw up their future programme of work. The Committee at this sitting decided that a Press Communique be issued advising Bar Coun- cils, Bar Associations, public bodies and individuals, who were desirous of submitting their suggestions/views, to send written memoranda on the Bill for their consideration. The Committee also decided that the State Governments, Union Territories, the Supreme Court of India, all High Courts, Attorney General of India, Advocates General of all the States, all Bar Councils/Bar Associations and some important legal societies/ institutes be requested to forward their comments on the provisions of the Bill for the benefit of the Committee.

5. 22 Memoranda /Representations etc. on the Bill were received by the Select Committee from different Government Departments, Associa- tions/individuals.

6. At their 2nd sitting held on the 14th July, 1969, the Committee decided to hear the evidence of some eminent jurists. At their third sitting held on the 19th July, 1969 the Committee heard the evidence given by Shri A. S. R. Chari, Senior Advocate, Supreme Court of India, New Delhi.

7. The Report of the Committee was to be presented by the first day of the next session i.e. on the 21st July, 1969. As this could not be done, the Committee decided to ask for extension of time for presentation of their Report upto the first day of the Winter Session (1969). Necessary motion was brought before the Hou;e and adopted on the 21st July, 1969. 8. The Committee have decided that the evidence given before them should be printed and laid on the Table of the House.

9. The Committee have also decided that the Memoranda /representa- tions etc. submitted by various associations/organisations/Government Departments etc. should be laid on the Table of the House and a copy thereof be placed in Parliament Library for reference by the Members.

10. The Committee considered the Bill clause-by-clause at their 5th and 6th sittings held on the 29th and 30th September, 1969,

11. The observations of the Committee with regard to the principal changes proposed in the Bill are detailed in the succeeding paragraphs.

•Published in the Ga7ette of India, Kxtraordinsry, Part IT. Section 2, d>itrd the 15th November, I968.

916/4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

12. Clause 2.—The Committee feel that the right of appeal to the Supreme Court proposed to be given under this clause should be in addi- tion to those provided in Article 134(1) of the Constitution of India. With this end in view and to make it clear, the opening part of this clause has been amended accordingly,

13. Clause 1 and Enacting Formula,—Amendments made in these are of drafting nature and formal character.

14. The Committee considered and adopted the Report on the 15th November, 1969-

15. The Select Committee recommend that the Bill, as amended, be passed.

NEW DELHI; N. C. CHATTERJEE,

15th November, 1969.

Chairman,

24 Kariika, 1891 (Saka).

Select Committee,

SKC. 2} , THE GAZETTE OF INDIA EXTRAORDINARY 916/5

Bill No. 81-Aof i968

THE ENLARGEMENT OF THE APPELLATE (CRIMINAL) JURISDICTION OF THE SUPREME COURT BILL, i968

( As REPORTED BY THE SELECT COMMITTEE)

[Words underlined indicate the amendments suggested by the Committee}

BILL

to enlarge the appellate jurisdiction of the Supreme Court in regard to

criminal matters.

   BE  it  enacted  by  Parliament   in  the  Twentieth  Year  of  the  Republic
of  India  as  follows: —
    1.  (1)  This  Act  may  be  called  the  Supreme  Court  (Enlargement  of    Short
Criminal  Appellate  Jurisdiction)  Act, 1969.                                    title  and
                                                                                  extent.
    (2)  It  extends  to  the  whole  of  India  except  the  State  of  Jammu  and
Kashmir.
   2.  Without  prejudice  to  the  powers  conferred  on  the  Supreme  Court     Ehlargea
by  clause  (1)  of  article  134 of  the  Constitution,  an  appeal  shall  lie  to  the Appellate
                                                                                  Jurisdic-
Supreme  Court  from  any  judgment,  final  order  or  sentence  In  a  crimi-   tion  of

016/6 THB GAZfflTE OF INDIA JGXTRAORDINAEY [ P A M U — S K. 2]

nal proceeding of a High Court In the territory of India if the High Court—

Supreme

Court In

regard to

criminal

matter*.

(a) has on appeal reversed an order of acquittal of an accused person and sentenced him to Imprisonment for life or to Imprison- ment for a period of not leas than ten years; "

(b) has withdrawn for trial before Itself any case from any court subordinate to Its authority and has In such trial convicted the accused person and sentenced him to imprisonment for llf* or to Imprisonment for a period of not less than ten years.

S. L. SHAKDHER,