Trial may continue, but final judgment deferred pending Full Bench ruling on UAPA applicability.

The Kerala HC addressed whether a trial's final judgment should be deferred until a Full Bench decided the pending question on the applicability of the Unlawful Activities (Prevention) Act, 1967. It noted that an outright stay of the trial could cause substantial injustice and risk miscarriage of justice, but also recognised that the legal issue was already seized of by the Full Bench in a connected criminal appeal. The trial was therefore allowed to continue, while the court protected the accused by directing that the final judgment not be pronounced until the Full Bench rendered its decision.

---

---

Issues: Whether the passing of the final judgment in the trial should be deferred until the Full Bench decides the pending question on the applicability of the Unlawful Activities (Prevention) Act, 1967.

Analysis: The matter concerning the applicability of the Act was already pending before the Full Bench in the connected criminal appeal. The Court found that an outright stay of the trial would cause substantial injustice and may result in miscarriage of justice. At the same time, since the legal issue on the applicability of the Act was already seized of by the Full Bench, it was appropriate to protect the accused by ensuring that the final judgment in the trial would not be pronounced until that decision was taken, while allowing the trial to continue.

Conclusion: The request to halt the trial was declined, but the passing of the final judgment in the trial was directed to be deferred until the connected appeal was finally decided.

---