Historic Nine-Judge Bench in Allahabad High Court: Unraveling BNSS Legal Challenges

The Allahabad High Court has made a landmark decision by referring an important legal question to a nine-judge bench, a first in over half a century. The question revolves around whether an FIR can be quashed under section 528 of the newly-enacted Bharatiya Nagarik Suraksha Sanhita (BNSS).

Justice Arun Kumar Singh Deshwal's decision emphasizes the ongoing legal discourse, especially in light of a 1989 seven-judge bench ruling in the case of Ram Lal Yadav vs the Uttar Pradesh Government, which held that an application under section 482 of the Code of Criminal Procedure for quashing an FIR was not maintainable. The BNSS replaces the CrPC, prompting this referral.

Senior advocate Dilip Kumar highlighted the historic significance of large benches at the Allahabad High Court, noting that the last such significant assembly was in 1969 when a bench of 28 judges quashed a resolution by the Uttar Pradesh Assembly. This historic instance remains the largest bench ever convened in India's judicial history.

(With inputs from agencies.)