onviction envisaged under Article 20 of the Constitution

in case of Shanthiniketan Housing Foundation v. Brig J.N. Devaiah, 2009 SCC OnLine Kar 265 it is ruled as under; “The Division Bench of this Court held that, the conviction envisaged under Article 20 of the Constitution contemplates the proceedings before a Court of law, which means an initiation or starting of proceedings of criminal nature before a Court in accordance with the procedure prescribed in the statute, which created the offence and regulated the punishment. Conviction without trial would amount to deprivation of the personal liberty of a person within the meaning of Article 21 of the Constitution. Article 21 puts restriction on any State to encroach upon the personal liberty of a person save in accordance with law and in conformity with the procedure prescribed in that behalf. Procedure established by law within the Article 21 is understood to mean the law prescribed by the legislature at any given point of time, Without prescribing the procedure no person can be deprived of his personal liberty, which means freedom from physical restraint of a person by incorporation. As the proviso to Section 27 did not provide any procedure before a 22 sentence of imprisonment could be imposed it was struck down as unconstitutional.”