Supreme Court Weekly Round Up

The Supreme Court (2:1) upheld the death sentence awarded to a man involved in gang rape of a ten year old girl and thereafter murdering her and her brother. However, Justice Sanjiv Khanna dissented with the confirmation of death sentence and opined that the case does not fall under the category of 'rarest of rare' case, but would fall within the special category of cases, where the appellant should be directed to suffer sentence for life.

Magistrate Has Power To Direct An Accused To Give Voice Samples During Investigation Without His Consent [Ritesh Sinha v State of U.P.]

In a significant ruling, the Supreme Court held that a judicial magistrate can direct an accused to provide his voice samples for investigation even without his consent. The three-judges bench led by the CJI thus settled the confusion which arose out of the split verdict in the 2012 verdict by a two judges bench.

Fundamental Right To Privacy Not Absolute And Must Bow Down To Compelling Public Interest [Ritesh Sinha vs. State of UP]

The fundamental right to privacy cannot be construed as absolute and but must bow down to compelling public interest, remarked the Supreme Court in its judgment holding that a Judicial Magistrate can order a person to give a sample of his voice for the purpose of investigation of a crime. The three judge bench comprising the Chief Justice of India Ranjan Gogoi, Justice Deepak Gupta and Justice Sanjiv Khanna observed thus while answering the issue whether a judicial order compelling a person to give a sample of his voice violate the fundamental right to privacy under Article 20(3) of the Constitution.

No Room For Sympathy While Sentencing Terror Convicts: SC Restores 7 Yrs Imprisonment For Woman Convicted For Propagating ISIS Ideology [Union of India V. Yasmeen Mohammed Zahid]

Disagreeing with Kerala High Court Judgment, the Supreme Court restored the sentence of seven years imprisonment awarded to a woman, Yasmeen, convicted for propagating ISIS Ideology. The bench comprising Justice Uday Umesh Lalit and Justice Indu Malhotra, however, upheld her acquittal from the offences under Section 125 of the Indian Penal Code.

Acquittal From Criminal Case Does Not Ipso Facto Absolve Delinquent From Disciplinary Action [Shashi Bhusan Prasad vs. Inspector General Central Industrial Security Force]

Acquittal by the Court of competent jurisdiction in a judicial proceeding does not ipso facto absolve the delinquent from the liability under the disciplinary jurisdiction of the disciplinary authority, the Supreme Court observed.

Application For Putting Back Into Possession Cannot Be Allowed Merely Because Applicant Was In Possession Prior To Dispossession [Shamsher Singh vs. Lt. Col. Nahar Singh (D)]

In the proceeding under Order XXI Rules 99, 100 and 101 of the Code of Civil Procedure, right, title or interest has to be determined and without establishing right, title or interest, and on mere fact that the applicant was in possession of the premises prior to being dispossessed, he could not be put back into possession, the Supreme Court held.

Bail Cannot Be Granted Without Assigning Reasons [Mauji Ram V. State of Uttar Pradesh]

The Supreme Court reiterated that bail cannot be granted without assigning any reason as to on what grounds, even though of a prima facie nature, it is considered just and proper to grant bail.

Section 143A NI Act On Interim Compensation Has No Retrospective Application [GJ Raja vs. Tejraj Surana]

Settling a confusion in prosecution of cheque bounce cases, the Supreme Court held that Section 143A of the Negotiable Instruments Act on payment of interim compensation to the complainant during the pendency of the case has no retrospective application.

Compromise Decree In Representative Suit Void If Obtained Without Leave Of Court And Notice To Interested Parties [Aliyathammuda Beethathebiyyappura Pookoya vs. Pattakal Cheriyakoya]

The Supreme Court observed that a compromise decree in a representative suit obtained without the leave of the court and without issuing notice to the parties interested would be void., the Court found that the parties to the decree in a suit in the nature of a representative suit did not obtain leave of the court and did not give notice to other persons who were interested in the suit as required under Order XXIII Rule 3B.

Interest Of Victim And Society At Large Must Also Be Kept In View While Sentencing [Suryakant Baburao @ Ramrao Phad vs. State of Maharashtra]

The Supreme Court observed the courts must also keep in view the interest of the victim and society at large while sentencing in criminal matters. The High Court had reduced the sentence of imprisonment from seven years to five years to an 'attempt to murder' accused

Factors To Be Considered For Cancellation Of Bail And Challenging Bail Order Are Different [Bharatbhai Bhimabhai Bharwad V. State of Gujarat]

The Supreme Court reiterated that the grounds for consideration of an application seeking cancellation of bail and an application challenging the order of grant of bail are different.

Mere Production Of A Laboratory Report That The Sample Tested Was Narcotics Cannot Be Conclusive Proof [Vijay Pandey vs. State of UP]

The Supreme Court held that mere production of a laboratory report that the sample tested was narcotics cannot be conclusive proof in a case under Narcotic Drugs and Psychotropic Substances Act, 1985.

Second Petition U/s 482 CrPC For Quashing A Complaint Maintainable Under Changed Facts And Circumstances [Anil Khadkiwala vs. State (Government Of NCT Of Delhi)]

The Supreme Court observed that second application for quashing of the complaint under Section 482 of the Code of Criminal Procedure cannot be dismissed as not maintainable merely because of the dismissal of the earlier application.

Relief Under Domestic Violence Act Can Be Sought Even After Obtaining A Maintenance Order U/s 125 CrPC [Shome Nikhil Danani V. Tanya Banon Danani]

Section 125 of the Code of Criminal Procedure does not bar an 'aggrieved person' from seeking appropriate reliefs under the Protection of Women from Domestic Violence Act, 2005. The bench comprising Justice Dhananjaya Y. Chandrachud and Justice Indira Banerjee dismissed a special leave petition against a Delhi High Court order which expressed the above view.

Succession To Private Properties Of Nawab Would Be Governed By His Personal Laws [Talat Fatima Hasan V. Nawab Syed Murtaza Ali Khan]

The Supreme Court held that the succession to the private properties of the erstwhile ruler of Rampur, Late Nawab Raza Ali Khan would be governed by his personal laws and not by rule of succession applicable to the "Gaddi" (ruler-ship).

Can Arbitration Clause Be Invoked In A Dispute Arising After Parties Compromise? SC Explains [Zenith Drugs & Allied Agencies Pvt. Ltd. vs. Nicholas Piramal India Ltd]

The Supreme Court observed that when the parties to a contract containing arbitration clause have settled their differences and compromised the matter, arbitration clause in the prior agreement cannot be invoked in the dispute subsequently arising between the parties after such compromise.

Alleged 'Custodial Murder' Of Civilian By Indian Army: SC Enhances Compensation To Widow, Upholds HC Direction To Register Criminal Case [Union of India V. Junu Gayary]

The Supreme Court upheld a Gauhati High Court direction to the CBI to register criminal case in an alleged custodial murder of a civilian by Indian Army and also enhanced compensation awarded to the widow of the victim.

Recruiting Agency Can't Be Compelled To Fill Available Posts Even When Persons Of Desired Merit Are Not Available [Municipal Corporation of Delhi V. Surender Singh]

Supreme Court re-iterated that the recruiting agency cannot be compelled to fill up all available posts even if the persons of the desired merit are not available. The Supreme Court allowed an appeal filed by Municipal Corporation of Delhi (MCD) and has held that it was at liberty to set minimum qualifying cut-off marks in exam for appointment of Assistant Teacher (Primary).

Six Months Cap On Interim Stay Orders Not Applicable To Supreme Court Orders [Fazalullah Khan Vs. M.Akbar Contractor]

According to the bench comprising Justice Sanjay Kishan Kaul and Justice KM Joseph Supreme Court's direction in Asian Resurfacing of Road Agency Private Limited. vs. Central Bureau of Investigation the interim stay on civil/criminal proceedings would end on expiry of six months from the date of such order unless extension is granted by a speaking order will not be applicable to Supreme Court orders.

Other Important Orders and Proceedings

• Bench led by Chief Justice of India (CJI) Ranjan Gogoi issued notice to Centre, Bar Council of India (BCI) and it's Chairman on a PIL seeking directions to formulate a scheme towards social security measures for women advocates in coordination with respective state bar councils.
• Issued notice on a plea seeking the protection of identity, reputation & integrity of individuals, allegedly accused of "Sexual Offences", till completion of the investigation into the "truthfulness" of such allegations.
• Deciding to consider the Unnao tragedy on the judicial side, the CJI-led bench took suo moto cognizance of the letter sent to CJI Ranjan Gogoi by the family of the Unnao rape survivor seeking protection from threats and intimidation by the accused.
• Asked the central government and the Delhi transport department to respond to the Environment Pollution Control Authority (EPCA) report on the use of remote sensing technology to help identify polluting vehicles.
• Appointed Dharmesh Sharma, District Judge, West, Tis Hazari Courts, Delhi to hold the trial in four cases related to Unnao rape.The CJI-led bench transferred the cases from CBI Court, Lucknow to Delhi in the suo moto proceedings based on the letter by family of Unnao rape survivor seeking protection from intimidation by accused.
• Asked the Centre to take a decision on the elevation of Justice Kureshi as Chief Justice of Madhya Pradesh High Court by August 14.
• Bench headed by Justice Arun Mishra issued notice to Centre and state governments on a PIL raising the issue of increasing number of child suicides.