Except death penalty cases, review pleas are usually decided by judges concerned in chambers by circulation
The Supreme Court on Tuesday agreed to consider the Centre’s submissions for an open court hearing of its plea seeking review of the judgement by which several provisions of the Benami Transactions (Prohibition) Amendment Act, 2016 were struck down.
A three-judge bench headed by then CJI N V Ramana, since retired, on August 23 last year had struck down section 3(2) and section 5 of the Benami Transactions (Prohibition) Act, 1988, and one of the provisions which provided for the punishment of a maximum jail term of three years or a fine or both for those indulging in ‘benami’ transactions.
The Centre, represented by Solicitor General Tushar Mehta, on Tuesday urged a bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha that its review plea be heard in open court, keeping in mind the importance of the issue.
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The top court had also held that the amended Benami law of 2016 did not have retrospective application and the authorities cannot initiate or continue criminal prosecution or confiscation proceedings for transactions entered into prior to the coming into force of the legislation.
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The Centre, represented by Solicitor General Tushar Mehta, on Tuesday urged a bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha that its review plea be heard in open court, keeping in mind the importance of the issue.
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“This is an unusual request. We seek an open court hearing of the review. Due to this judgement, a lot of orders are being passed even though some of the provisions of the Benami Act were not even under challenge. Like the retrospectivity could not have been looked into (by the SC bench),” the top law officer said.
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“We will consider it,” the CJI said.
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Except death penalty cases, review pleas are usually decided by judges concerned in chambers by circulation.
Source: Telegraph India
