Supreme Court Weekly Round Up :June 19- June 25,2022

Supreme Court Judgements 1. 'Estoppel Cannot Override Law' : Supreme Court Accepts Unsuccessful Candidates' Challenge To Selection Process Held Against Regulations Case Title : Krishna Rai (Dead) Through LRs versus The Banaras Hindu University & Others Citation : 2022 LiveLaw (SC) 553 The Supreme Court recently held that the principle of estoppel or acquiescence will not apply in a selection process when it is held contrary to the relevant rules. A bench comprising Justices Dinesh Maheshwari and Justice Vikram Nath reiterated that "principle of estoppel cannot override the law" and that the procedure in the relevant service manual will prevail over the principle of estoppel or acquiescence. 2. CrPC Section 220 - How To Decide If Two Or More Acts Form "Same Transaction" For Joint Trial? Supreme Court Explains Case Name: Ms. P XXX v. State of Uttarakhand And Anr. Citation: 2022 LiveLaw (SC) 554 The Supreme Court has reiterated that whether two or more acts constitute the same transaction for the purpose of being tried together under Section 220 of the Code of Criminal Procedure (Cr.P.C), is purely a question of fact. The reasonable determination of the same would however depend on elements like proximity of time, unity or proximity of place, continuity of action and community of purpose or design. A Bench comprising Justices Dinesh Maheshwari and Vikram Nath dismissed an appeal assailing the order of the Uttarakhand High Court, which had upheld the decision of the Court of Sessions Judge, Chamoli to discharge the accused in respect of a set of offences (S. 376 IPC) for want of jurisdiction. The Sessions Court was of the opinion that the offences alleged by the appellant (one set under S. 376 IPC; and the other under S. 504 and 506 IPC] did not meet the requirement of Section 220 Cr.P.C. for being tried together. 3. Posting Anticipatory Bail Plea After 2 Months Can't Be Appreciated : Supreme Court Criticises High Court Case Title: SANJAY v. THE STATE (NCT OF DELHI) & ANR Citation : 2022 LiveLaw (SC) 555 Stating that "in a matter involving personal liberty, the Court is expected to pass orders in one way or other taking into account the merits of the matter at the earliest", the Supreme Court has observed that "posting an application for anticipatory bail after a couple of months cannot be appreciated". 4. S 311 CrPC - Witness Can't Be Recalled Merely Because He Gave A Different Statement In Another Case Relating To Same Incident : Supreme Court Case Title: SAUD FAISAL v. STATE OF UTTAR PRADESH & ANR. Citation : 2022 LiveLaw (SC) 556 The Supreme Court has held that "merely because a different statement was given by the same prosecution witness in another case relating to the same incident, that itself would not be a reason for recalling the witness under section 311, Cr. P. C." 5. 'No Probability Of Reformation, Danger To Society' : Supreme Court Upholds Death Penalty To Man For Rape & Murder Of 8 Year Old Disabled Girl Case Title : Manoj Pratap Singh versus State of Rajasthan Citation : 2022 LiveLaw (SC) 557 The Supreme Court has upheld the death penalty awarded to a 37-year old man for the rape and murder of a seven and a half year old girl who was mentally and physically challenged. The crime occurred in 2013 in Rajasthan, when the convict Manoj Pratap Singh was around 28 years old. A 3-judges bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar observed that the crime in question had been of "extreme depravity", particularly looking at the vulnerable state of the victim and also the manner of committing the crime. Also Read: It Has Never Been The Effort Of Courts To Make Death Penalty Redundant Or Non Existent : Supreme Court 6. Supreme Court Dismisses Zakia Jafri's Plea Against SIT Clean Chit To Narendra Modi In 2002 Gujarat Riots Larger Conspiracy Case Case Title: Zakia Ahsan Jafri and another versus State of Gujarat and another | Diary No.34207/2018 Citation: 2022 LiveLaw (SC) 558 The Supreme Court has dismissed a petition filed by Zakia Ehsan Jafri challenging the closure report filed by SIT discarding the allegations of larger conspiracy by high state functionaries including the then Gujarat Chief Minister Narendra Modi and 63 others in the Gujarat riots of 2002 that ensued the Godhra train massacre. A bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar upheld the decision of the Magistrate in accepting the closure report filed by the Special Investigation Team in the larger conspiracy case. Also Read: Gujarat Riots - Mere Failure Or Inaction Of State Administration No Basis To Infer Conspiracy : Supreme Court In Zakia Jafri's Plea Gujarat Riots : Summary Of Supreme Court Judgment Dismissing Zakia Jafri's Plea To...

Supreme Court Weekly Round Up :June 19- June 25,2022

Shruti Kakkar

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