In which of the following cases the Supreme Court held that the High Court cannot directly entertain…
In State of Gujarat v Salimbhai Abdulgaffar Shaikh, the Supreme Court held that POTA 34(4) provided an appeal to the High Court from the Special Court's bail order. The High…
Choose your answer
In which of the following cases the Supreme Court held that the High Court cannot directly entertain bail application of POTA accused without its refusal by the special court?
Answer and explanation
Correct answer B
In State of Gujarat v Salimbhai Abdulgaffar Shaikh, the Supreme Court held that POTA 34(4) provided an appeal to the High Court from the Special Court's bail order. The High Court could not bypass that court by directly exercising ordinary CrPC 439 bail jurisdiction.
POTA was repealed in 2004; the question identifies a historical decision under that enactment. It is not a general present-day bail rule for every special statute.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Jharkhand Judicial Services
-
Uttarakhand Judicial Services
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision