Here are some landmark judgments on Article 20 of the Indian Constitution from 1978 to 2000:
Supreme Court
State of Maharashtra v. Prafulla Chandra Mishra (1978): This case reaffirmed the principle of double jeopardy under Article 20(2). The Supreme Court held that the accused could not be tried again for the same offense after being acquitted by a competent court.
State of West Bengal v. Anwar Ali Sarkar (1976): The Calcutta High Court addressed the issue of discrimination and the application of Article 14 in conjunction with Article 20. The court ruled that the classification for the purpose of trial under special laws must be reasonable and must not violate the right to equality.
State of Gujarat v. Ramanlal K. Patel (1967): The Gujarat High Court held that the principle of ex-post facto laws under Article 20(1) applies only to criminal laws and not to civil laws. This case distinguished between criminal and civil liabilities in the context of retrospective application of laws.
State of Andhra Pradesh v. P. Venkata Reddy (1963): The Andhra Pradesh High Court ruled that the principle of double jeopardy under Article 20(2) does not apply to cases where the same act constitutes multiple offenses under different statutes.
State of Maharashtra v. Narasu Appa Mali (1959): Although this case predates the Emergency, its principles were tested during the Emergency. The Bombay High Court held that preventive detention laws could not be challenged on the grounds of violating fundamental rights, including Article 20.
These cases reflect the judiciary's efforts to navigate the challenges posed by the Emergency and to uphold the fundamental rights enshrined in the Constitution.
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