MAHENDER CHAWLA & Ors. v. UNION OF INDIA & Ors.
Case at a glance
Outcome
Disposed of
Writ petition stands disposed of in the aforesaid terms
Provisions considered
- Constitution of India arts. 21, 32, 141, 142
- Code of Criminal Procedure, 1973 ss. 273, 327, 340(3)(b)
- Terrorist and Disruptive Activities (Prevention) Act, 1987
- Indian Penal Code, 1860 ss. 193, 195A, 354, 354A, 354B, 354C, 354D, 377, 509
- Prevention of Terrorism Act
- Juvenile Justice (Care and Protection of Children) Act, 2015
- Whistle Blowers Protection Act, 2011
- Sexual Castes and Tribes (Prevention of Atrocities) Act, 1989
Judgment
Naresh Shridhar Mirajkar and Others v. State of Maharashtra and Another [1966] 3 SCR 744 ; Sunil Kumar Pal v. Phota Sheikh and Other AIR 1984 SC 1591 ; Delhi Domestic Working Women’s Forum v. Union of India (1995) 1 SCC 14 : [1994] 4 Suppl. SCR 528 ; State of U.P. v. Shambhu Nath Singh (2001) 4 SCC 667 : [2001] 2 SCR 854 ; Ram Govind Upadhyay v. Sudarshan Singh II (2002) SLT 587 – referred to.
1.8 The right to testify in courts in a free and fair manner without any pressure and threat whatsoever is under serious attack today. If one is unable to testify in courts due to threats or other pressures, then it is a clear violation of Article 21 of the Constitution. The right to life guaranteed to the people of this country also includes in its fold the right to live in a society, which is free from crime and fear and right of witnesses to testify in courts without fear or pressure. [Para 16][647-A-B] NHRC v. State of Gujarat 2003 (9) SCALE 329 ; People’s Union for Civil Liberties (PUCL) v. Union of India 2003 (10) SCALE 967 ; Zahira v. State of Gujarat MAHENDER CHAWLA & ORS. v. UNION OF INDIA & ORS. 631
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Writ petition stands disposed of in the aforesaid terms
Which statutory provisions did this judgment involve?
Constitution of India — arts. 21, 32, 141, 142; Code of Criminal Procedure, 1973 — ss. 273, 327, 340(3)(b); Terrorist and Disruptive Activities (Prevention) Act, 1987; Indian Penal Code, 1860 — ss. 193, 195A, 354, 354A, 354B, 354C, 354D, 377, 509; Prevention of Terrorism Act; Juvenile Justice (Care and Protection of Children) Act, 2015.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.