Case Analysis: Onkar Nath & Ors. V. The Delhi Administration
- IJLLR Journal
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Rohini Abhyankar, Symbiosis Law School, Nagpur Amisha Mehta, Symbiosis Law School Nagpur
Case Title: Onkar Nath & Ors. v. The Delhi Administration
Date of Judgement: 15.02.1977
Court: Supreme Court of India
Quorum: Justice Y.V. Chandrachud. (P.K. Goswami, P.N. Shinghai, JJ)
Citation: AIR 1977 SC 1108
Legal Provisions Specified: § 56, 57 of the Indian Evidence Act, 1872; Rule 118, 119 of the Defence of India Rules, 1971
INTRODUCTION
The instant judgement is a criminal appeal by special leave which arose during the time of Emergency period when political unrest led to questions regarding power of executive in passing orders relating to public safety and where the Hon’ble Supreme Court deals with the interpretation and application of § 57 of the Indian Evidence Act, 1872 (herein after referred to as ‘§ 57 of the Act’) and clarifies the scope and limitations of it; when the appellants were prosecuted under Rule 118, 119 of the Defence of India Rules, 1971 (herein after referred to as the Rules).
Rule 118(1) of the Rules states that the government by an order could make provisions prohibiting strikes relating to any industrial disputes, and Rule 118 (2) provided that contravention of the same would be punishable with imprisonment upto three years or fine or both. Rule 119 talks about essential services and provides authority to the government to implement certain conditions on all or any of its employees by an order, if it deems that the employees are essential for securing the defence of India.
