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Supreme Court Judge Justice Sanjay Karol demitted office on August 22 after more than three-and-a-half years at the Supreme Court and over 19 years as a judge of the constitutional courts. Justice Karol leaves behind a body of judgments that frequently travelled beyond the immediate dispute before the Court.

A recurring feature of his judicial work has been the willingness to treat an individual case not merely as a contest between two parties, but as an opportunity to examine a larger institutional or social problem. In several cases, therefore, the operative directions extended well beyond the relief sought by the litigants. The following judgments illustrate that distinctive approach.

Addressing the problem of black money in elections

In State of Karnataka & Anr. v. Prathik Parasrampuria, Justice Karol addressed the use of unaccounted cash to influence voters. The Court observed that the use of black money in elections strikes at the root of free and fair elections and compromises the “very essence of democracy”.

But the Court did not stop at deciding the immediate dispute. It issued directions aimed at preventing the withdrawal of criminal cases against election candidates during an election cycle without the approval of the High Court.

Stray cattle Issue: From compensation claim to public safety

In Nisha v. Municipal Council, Sangrur, the immediate issue concerned fatal accidents allegedly caused by stray cattle on roads. Justice Karol's approach, however, expanded the case into a larger question of State responsibility for road safety. The Court took note of the large number of deaths caused by animal-related incidents and directed States to compensate victims while also suggesting measures to tackle the presence of stray cattle on roads and highways. Justice Karol also lamented that while people have no objection to abandoning cattle on roads after their utility, they take offence if they are used for food.

Overcrowding in Railways and suggestion to drop the term 'second class'

The same instinct is visible in Lata v. Union of India, where the Court was concerned with overcrowding in Indian Railways and incidents in which passengers lost their lives after falling from moving trains.

Justice Karol's bench urged the Railways to take effective measures to address overcrowding. But it also went beyond the immediate safety issue and questioned the terminology used by the Railways.

The Court suggested discontinuing the expression “second class passenger”, observing that class distinction should attach to the coach rather than to the passenger.

Recognizing homemaker as a distinct and separate compensable head in motor accident claim cases

A major development occurred in a recent case, where a homemaker died in a road accident. While determining the compensation, the Court has evolved a distinct and new compensable head of damages in motor accident claims, i.e., the loss of domestic care suffered by a family due to the death or incapacitation of a homemaker.

The Court said the loss of domestic care deserves independent recognition while determining compensation under the Motor Vehicles Act. The value of such domestic services at a minimum of Rs. 30,000 per month, in addition to the compensable heads defined under Pranay Sethi judgment.

"It is ironic to describe a homemaker as dependant on earning members, when, in reality the household's functioning depends substantially on the homemaker.", judgment authored by Justice Karol said.

Direction to increase motor vehicle insurance term and pilot project to check insurance of vehicle at petrol pump to otherwise deny them fuel

Expressing concerns over the large scale of uninsured vehicles plying on Indian roads, which makes the victims of the road accident run from pillar to post for claiming the damages, the judgment authored by Justice Karol recently directed an increase in the term of third-party motor vehicle insurance for new cars to four years and for new two-wheelers to six years.

The Court observed that victims of road accidents are often compelled to "run from pillar to post" for compensation, particularly where the offending vehicle has no insurance cover.

It noted that approximately 16.54 crore vehicles out of 30.48 crore vehicles do not possess valid insurance.

Also, the Court directed the Insurance Regulatory and Development Authority and the Ministry of Road Transport & Highways (MoRTH) to evolve a pilot project whereby vehicles can be linked with insurance status to ensure that vehicles at the petrol pumps can be checked for valid third-party insurance to otherwise deny them fuel facility at petrol pumps.

Expanding the scope of live-in relationship

Moving beyond a technical statutory question, in Dr. Lokesh BH & Ors. v. State of Karnataka & Anr, the question addressed was whether Section 498A IPC could apply where the parties were in a live-in relationship rather than a formally solemnised marriage.

The Court held that Section 498A can apply to live-in relationships which qualify as “relationships in the nature of marriage”, where the intent to marry forms an intrinsic element of the relationship. The Court reasoned that excluding such women from protection against domestic cruelty merely because their relationship lacked formal marital recognition would create an unconstitutional distinction under Article 14. 

The Court linked the statutory interpretation to the broader constitutional values of autonomy, dignity and the right to choose one's partner under Article 21. It observed that the exercise of the right to choose a relationship cannot result in the loss of legal protection against domestic cruelty. 

Need to sensitise younger generation about equality in marriages

In a dowry-death case, Justice Karol similarly used the proceedings as a platform to address the deeper social roots of dowry.

While dealing with the criminal case, the Court described dowry as a social evil and issued general directions aimed at tackling the practice.Justice Karol stressed the need to sensitise younger generations about equality in marriage and the need to eliminate the perception that parties to a marriage are subordinate to one another. 

Persistence of patriarchy continues in Sex Selection

In a case concerning the implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, the Court in Dr. Ramesh v. State of Maharashtra & Anr. confronted another social problem that extended beyond the merits of the matter. 

The Court noted that although the sex ratio had improved, sex-selection practices continued and warned against complacency in enforcement of the PCPNDT Act. It emphasised that progress remained incomplete and uneven and that violations of the statutory framework could not simply be allowed to slide.

Suggestion to bring in “Romeo-Juliet” clause under POCSO Act

In State of Uttar Pradesh v. Anurudh & Anr., the Court confronted the difficult consequences of applying the POCSO framework to consensual relationships between adolescents with a small age difference.

Not merely deciding the criminal appeal, Justice Karol used the occasion to suggest that the Union Government consider introducing a 'Romeo-Juliet clause' in the POCSO Act to distinguish consensual adolescent relationships from cases involving exploitation or abuse.

The Court said the law should be intended to protect children from becoming an instrument for criminalising adolescent relationships that do not bear the characteristics of sexual exploitation.

Motor accident compensation: Bringing consistency to income assessment

In the motor accident compensation context, Justice Karol's authored judgment in Rashmirekha Tripathy and connected matters laid down comprehensive principles concerning assessment of income of accident victims for bringing in consistency in the mode of calculation of a deceased's annual income for determining the motor accident compensation claims.

For salaried individuals, the immediately preceding assessment year's ITR should ordinarily be considered, while for self-employed persons or business owners, tribunals should ordinarily consider the average income reflected in the previous three years' ITRs, subject to the circumstances of the case. (Live Law)

Direction to spread awareness about renewal of expired driving licences to avoid driver and owner's monetary liability

In a case concerning an accident involving a driver whose licence had expired, the Court held that an insurer would not be liable to indemnify in the circumstances considered by it.

The judgment did not end the discussion with the insurance dispute. It urged the Ministry of Road Transport and Highways and State authorities to undertake nationwide awareness campaigns concerning the importance of valid driving licences and to streamline their issuance and renewal to avoid drivers and owners liabilities towards third parties, which would otherwise be transferred to the insurance companies if the driver's licence is renewed on time. 

It further flagged the need to examine the regulation, affordability and accessibility of driving schools, including access to applications and tests in regional languages. 

Direction to award Rs. 11 lakhs compensation to a person illegally detained for 24 hours

Justice Karol authored a judgment in Daudayal v. State of Rajasthan, awarding Rs. 11 lakhs compensation to a prisoner who had remained in illegal custody for 24 days despite a judicial order in his favour. The Court held that individual liberty is “not a trivial matter” and cannot be subordinated to administrative delays in deciding whether the State should challenge a judicial order.

Addressing concerns over delay in filing legal aid appeals

The Court's intervention concerning delays in appeals filed through legal aid became significant, given the fact that the problem remained consistent and persisted for a long time.

Justice Karol authored judgment consequently issued a comprehensive Standard Operating Procedure prescribing binding timelines and providing for a digital mechanism for monitoring the progress of legal-aid appeals. 

Cases involving death sentences, life imprisonment and sentences of 10 years or more were placed in the highest-priority category, with a 15-day timeline for translation; other categories were assigned 20-day and 30-day timelines. 

If the State presumes guilt, the trial cannot wait indefinitely in UAPA trials

In an important intervention concerning prolonged trials under stringent criminal statutes such as the UAPA, Justice Karol led bench while deciding a bail-related dispute arising from the Jnaneshwari Express derailment case, noted the implications of statutes imposing a reverse burden of proof and directed High Courts to examine the status of pending trials under such legislation. The Court even directed that the cases pending for more than five years were directed to receive particular attention, including day-to-day hearings. 

The judgment stated that if the State places a greater burden upon an accused through a special statute, the criminal justice system must correspondingly ensure that the trial does not remain pending indefinitely. 

Addressing homebuyers' grievances over delay in receiving possession of real estate units

The Court addressed the recurring problem of development authorities failing to deliver plots, flats or houses within the promised period.

Rather than treating the dispute as an isolated contractual disagreement, the Court laid down comprehensive principles governing the rights of allottees facing delay or non-delivery by development authorities.

Fake sureties in NDPS cases and the need for systemic reform

A similar approach emerged in the latest case of Union of India v. Chidiebere Kingsley Nawchara & Ors., concerning allegations of fake sureties and impersonation in bail proceedings involving foreign nationals accused under the NDPS Act.

Instead of confining the judgment to the individual bail controversy, the Court recognised the possibility that impersonation and fake sureties represented a systemic problem requiring institutional safeguards. It consequently issued directions governing the grant of bail to foreign nationals accused of offences involving commercial quantities of narcotic drugs and indicated that the broader question of professional bail bondsmen and related mechanisms warranted comprehensive examination.

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