Kerala Seeks Clarification From SC As To Whether Judgement In Anvar Case[65B Evidence Act] Has Retrospective Application Or Not
A two Judge Bench asked the petitioner to place the application Chief Justice of India for posting the matter before an appropriate Bench.The Supreme Court has referred an intervening application by State of Kerala seeking clarification as to whether the judgment in Anvar PV vs PK Basheer is applicable retrospectively or not before an appropriate bench to be constituted by the Chief Justice. The Supreme Court has referred an intervening application by State of Kerala seeking clarification as to whether the judgment in Anvar PV vs PK Basheer is applicable retrospectively or not before an appropriate bench to be constituted by the Chief Justice of India. In Sonu alias Amar vs State of Haryana, a two-judge bench of the Supreme Court had discussed the effect of the three-judge bench judgment of the apex court in PV Anvar case, and observed that if the judgment in Anvar case is applied retrospectively, it would result in unscrambling past transactions and adversely affecting the administration of justice. The bench of Justice Kurian Joseph and Justice Amitava Roy, which heard the plea, observed: “In view of the observations in a judgment of this Court in Sonu alias Amar v. State of Haryana, reported in 8 SCC 570, in paragraph 40, place this application before Hon'ble the Chief Justice of India for posting the matter before an appropriate Bench.
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