Suspension of conviction

Rama Narang v. Ramesh Narang, (1995) 2 SCC 513: (1995) 1 JT (SC) 515: 1995 1 Scale
276; Deputy Director of Collegiate Education (Administration), Madras v. S. Nagoor
Meera, AIR 1995 SC 1364, (1995) 3 SCC 377; Laxman of Malhari Sable v. State of
Maharashtra, 1997 Cri LJ 2556: (1997) 2 Mah LJ 780.
Under Section 389 of the Code of Criminal Procedure, 1973, the power can be invoked for
suspension or stay of the order of conviction, to be considered by the appellate Court.

Government Of Andhra Pradesh & Ors vs Smt. P. Laxmi Devi on 25 February, 2008
Author: M Katju
Bench: H.K. Sema, Markandey Katju
CASE NO.:
Appeal (civil) 8270 of 2001
Para 40 legislation could be held unconstitutional only when those who have the right to
make laws have not merely made a mistake (in the sense of apparently breaching a
constitutional provision) but have made a very clear one, so clear that it is not open to rational
question.
In Shibu Soren Vs. Dayanand Sahay & Ors. (2001) 7 SCC 425, a three-Judge Bench of
this Court was seized of the question of examining a disqualification on account of the person
at that time holding an office of profit. The Court held that such a provision is required to be
interpreted in a realistic manner having regard to the facts and circumstances of each case and
the relevant statutory provisions. While "a strict and narrow construction" may not be
adopted which may have the effect of "shutting of many prominent and other eligible persons
to contest elections" but at the same time "in dealing with a statutory provision which
imposes a disqualification on a citizen, it would not be unreasonable to take merely a broad
and general view and ignore the essential points". A balance has to be stuck between strict
construction and what is at stake is the right to contest an election and hold office. "A
practical view, not pedantic basket of tests" must, therefore, guide courts to arrive at
appropriate conclusion. The disqualification provision must have a substantial and reasonable
nexus with the object sought to be achieved and the provision should be interpreted with the
flavour of reality bearing in mind the object for enactment.
Prabhakaran case Ratio decidendi Question - (3) What is the purport of sub-section (4) of
Section 8 of RPA? Whether the protection against disqualification conferred by sub- section
(4) on a member of a House would continue to apply though the candidate had ceased to be a
member of Parliament or Legislature of a State on the date of nomination or election?
Two interpretations - Where two interpretations are possible, that interpretation should be
preferred which will further an d effectually carry out the object of the makers of the
Constitution. C.L. Anand, Constitution of Inida, 3rd ed. Allahabad: The Law Book Co.
(1989)p. 325.