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Review of Law I N Mathura Case

By M. B. Mujumdar

Published In

Cr LJ 1980

Article 137 of the Constitution of India empowers the Supreme Court to review any judgment pronounced or order made by it subject to the provisions of any law made by the Parliament or any rule made under Art. 145. The Parliament has so far not made any law in this respect but the rules framed by the Supreme Court provide that in a criminal proceeding a review of a judgment or order is permissible only on account of an error apparent on the face of the record. It must be under the rules that the Supreme Court has decided to examine the review petitions filed by the State of Maharashtra and a number of women's organisations in the Mathura rape case. It is not possible to speculate the final result of the review petitions, but it will be useful to understand the issues  involved. It is not necessary to repeat the facts of Mathura's case here (See AIR 1979 SC 185: 1978 Cr. LJ 1864). In short, Tukaram, a Head Constable of the Desai-gunj police station in Chandrapur ....

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