Matters referred to larger Benches in Supreme Court

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This may be mainly of interest to lawyers who may be practicing in Supreme Court.

1) Laita Rani Case: Whether police is bound to register as FIR every complaint?

2) Whether CBI bound to register FIR if information submitted to it, after preliminary inquiry, discloses a cognizable offense?

3) Whether Supreme Court has power under Art 142 to direct that it will recover awarded amount from owner and not form claimant( if paid already to him)?

4) Whether accused can be forced to give voice sample, and whether it constitutes violation of his right under Art 20(3)?

5) In matter of Compassionate Appointment, which policy is applicable, policy at time death of employee or policy operative when deciding application for compassion Appointment? Two Benches have given different judgements.

Continued –

Can a person be forced to give his "Voice Sample"? Does it not violate his fundamental rights?

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Art. 20 says that an accused person has right to remain silent and he cannot be forced to give evidence which may be used against him in criminal trial.

Can an accused person be forced to give “Voice Sample” ? Does this violate his fundamental rights?

Two judge bench of Supreme Court, has deferred on this issue and has referred the question to larger Bench on 7.12.2012 in case of Ritesh Vs UP in criminal appeal No.2003 of 2012

Haresh Raichura
4/3/2013