Supreme Court Weekly Round-Up

Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction [State of Mizoram V. Dr. C. Sangnghina]The Supreme Court on Tuesday held that when the accused was discharged due to lack of proper sanction, the principles of “double jeopardy” will not apply, and there is no bar for filing fresh/supplementary charge sheet after obtaining a valid sanction for prosecution.Courts Have To Adequately Consider Defence Of The Accused U/s 313 CrPC; Non-Consideration Can Vitiate Conviction [Reena Hazarika vs. State of Assam]The Supreme Court held that if there has been no consideration at all of the defence taken by the accused under Section 313 of the Code of Criminal Procedure, the conviction can stand vitiated. The bench comprising Justice RF Nariman and Justice Navin Sinha observed that a solemn duty is cast on the court in the dispensation of justice to adequately consider the defence of the accused taken under Section 313 CrPC and to either accept or reject the same for reasons specified in writing. Public Property Can’t Be Allotted To Profit-Oriented Institutions For Free [J.S. Luthra Academy V. State of Jammu & Kashmir]The Supreme Court on Tuesday observed that public property cannot be allotted to profit-oriented institutions for free. The bench comprising Justice NV Ramana and Justice Mohan M Shantanagoudar was examining legality of allotment of 4 kanals of property to J.S. Luthra Academy for running the school.Lie Detector/Brain Mapping/Narco Analysis Tests Can’t Be Ordered While Considering Bail Plea: SC Pulls Up Gujarat HC For Disclosing Identity Of Victim [Sangeetaben Shaileshcbhai Datanta V. State of Gujarat]The Supreme Court on Monday quashed a Gujarat High Court judgment that had ordered lie detector, brain mapping and narco-analysis tests on the accused and grandmother, parents of the victim, in a bail application filed by the accused. Examining these reports, the high court had also granted bail to the accused. A ‘surprised’ apex court bench of Justice NV Ramana and Justice Mohan M Shantanagoudar said ordering such tests is not only in contravention to the first principles of criminal law jurisprudence but also violates statutory requirements.Conviction Can’t Be Set Aside If No Prejudice Has Been Caused To Accused By Non-Framing Of Charge [Kamil vs. State of Uttar Pradesh]The Supreme Court held that a conviction for the substantive offence without a charge can be set aside only if the accused shows that prejudice has been caused to him and that “failure of justice” has occasioned thereby. The bench comprising Justice R Banumathi and Justice Indira Banerjee were dealing with the contention of the accused that charge under Section 302 IPC was not framed against him and therefore the conviction of the appellant/accused under Section 302 IPC is not maintainable.Mushrooming Growth Of Substandard Institutions Cannot Be Permitted [Jawaharlal Nehru Technological University Registrar V. Sangam Laxmi bai vidyapeet]The Supreme Court on Monday upheld the decision by the Jawaharlal Nehru Technological University to refuse a No Objection Certificate (NOC) to start a new course in a Hyderabad college, owing to a State directive to abstain from such permission in view of overcrowding of institutions in the area.SC Repels Broadcasters’ Challenge Against TRAI Tariff Order & Interconnection Regulations [Star India Private Ltd. V. Department of Industrial Policy & Promotion]The Supreme Court on Tuesday repelled the challenge made against the validity of tariff order and interconnection regulations introduced by the Telecom Regulatory Authority of India (TRAI) in 2017. The bench of Justice R F Nariman and Justice Navin Sinha dismissed the appeals filed against Madras High Court’s judgment which had refused to entertain the challenge by 2:1 majority.Half-Baked Doctors Cannot Be Left Loose On Society; Permitting Unequipped Medical Colleges To Impart Substandard Medical Education Dangerous While cancelling admissions made to four self-financing medical colleges in Kerala, the Supreme Court observed that permitting unequipped colleges to impart substandard medical education without proper facilities and infrastructure, would be dangerous and affect right to life itself.Workmen’s Compensation Act: Interest On Compensation Amount To Be Awarded From The Date Of AccidentThe Supreme Court observed that while awarding interest on the compensation to an employee, under the Workmen’s Compensation Act, it is to be awarded from the date of the accident. SC Issues Directions On Examination Of Witnesses In Criminal Trial [State of Kerala V. Rasheed]The Supreme Court, on Tuesday, listed out ‘practical guidelines’ to be followed by trial courts in the conduct of a criminal trial, ‘as far as possible’. While setting aside a Kerala High court order, the bench comprising of Justice Abhay Manohar Sapre and Justice Indu Malhotra observed that while deciding an Application to defer cross examination...

Supreme Court Weekly Round-Up

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