Supreme Court Weekly Roundup: 4-10th September, 2023

Judgments/OrdersPreventive Detention Laws Are Exceptional Measures, Not To Be Invoked When Ordinary Criminal Law Provides Remedies: Supreme CourtCase Title: Ameena Begum v. The State of Telangana & Ors.Citation: 2023 LiveLaw (SC) 743The Supreme Court has stated that preventive detention laws are an 'exceptional measure reserved for tackling emergent situations' and must not be used as a tool for enforcing 'law and order'. The Court strongly condemned the growing trend in the state of Telangana of passing orders of preventive detention at the ‘drop of a hat’ without consideration of the liberty and freedom guaranteed to people under the Constitution of India.Section 162 CrPC Does Not Prevent A Trial Court From Putting Questions To Witnesses Suo Motu To Contradict Them: Supreme CourtCase title: Munna Pandey v. State of BiharCitation: 2023 LiveLaw (SC) 744The Supreme Court observed that Section 162 CrPC does not affect a Court's power to look into documents or put questions to witnesses suo motu to contradict them."There is in our opinion nothing in Section 162 of the CrPC which prevents a Trial Judge from looking into the papers of the chargesheet suo motu and himself using the statement of a person examined by the police recorded therein for the purpose of contradicting such person when he gives evidence in favour of the State as a prosecution witness.", the bench of Justices B R Gavai, J B Pardiwala and Prashant Kumar Mishra observed.Judge Is Not A Mere Recording Machine; Must Actively Search For Truth In Trial: Supreme CourtCase Title: Munna Pandey v. State of Bihar - 2023 LiveLaw (SC) 744The Supreme Court On September 4 overturned a judgment of the Patna High Court which confirmed the death sentence of a convict for the offense of rape and murder of a 10-year-old girl, after finding several faults with the High Court's approach. While remitting the matter for reconsideration by the High Court, the Supreme Court made strong observations about the concept of fair trial. The judgment was authored by Justice JB Pardiwala and it starts with a quote from Harry Browne:“A fair trial is one in which the rules of evidence are honored, the accused has competent counsel, and the judge enforces the proper courtroom procedures - a trial in which every assumption can be challenged.”Statutory Provision Can't Be Declared Ultra Vires Without A Specific Challenge In Pleadings: Supreme CourtCase title: Union of India v. Manjurani RoutrayCitation: 2023 LiveLaw (SC) 745The Supreme Court reiterated that to strike down the provisions of a law or to declare certain rules as ultra vires, there must be a specific pleading and a request for such a relief in the caseThe Court observed, “It is a trite law that for striking down the provisions of law or for declaring any rules as ultra vires, specific pleading to challenge the rules and asking of such relief ought to be made, that is conspicuously missing in the present case.”Appeal From Workmen's Compensation Commission Can Be Entertained Only If There Is A Substantial Question Of Law: Supreme CourtCase title: Fulmati Dhramdev Yadav v. New India Assurance Co LtdCitation: 2023 LiveLaw (SC) 746 The Supreme Court observed that an appeal from an order of Workmen’s Compensation Commissioner can be entertained only if there exists a substantial question of law to be considered/‘Lien’ Of Govt Servants Cease Only When They're Appointed On Another Post ‘Substantively’/Confirmed Or Absorbed Permanently: Supreme CourtCase title:L R Patil v. Gulbarga UniversityCitation: 2023 LiveLaw (SC) 748 The Supreme Court observed that a ‘lien’ of a government servant only ceases to exist when he/she is appointed on another post ‘substantively’/confirmed or absorbed permanently.Otherwise, his/her lien would continue on the previous post, the bench of Justices JK Maheshwari and KV Viswanathan observed.'Unprecedented': Supreme Court Slams Ladakh Administration For Denying Symbol To JK National Conference In LAHDC-Kargil ElectionsCase title: UT of Ladakh v. Jammu and Kashmir National ConferenceCitation: 2023 LiveLaw (SC) 749The Court came down heavily on the Ladakh Administration for notifying the LAHDC elections while sitting over the representation made by JKNC seeking the allotment of the reserved symbol.“The Appellants(Ladakh Admin), while sitting on the representation of R1(JKNC), went ahead and notified the elections on 02/05.08.2023. We are unable to appreciate such conduct. This recalcitrance to decide in time speaks volumes. Instances like these raise serious questions", the bench comprising Justices Vikram Nath and Ahsanuddin Amanullah notedHigh Courts Cannot Refuse To Follow SC Judgment On Ground Of Review/Reference Pending Against It; In Case Of Conflicting Judgments, Follow Earlier One: Supreme CourtCase title: UT of Ladakh v. Jammu and Kashmir National ConferenceCitation: 2023 LiveLaw (SC) 749The Supreme Court has clarified that the High Courts cannot refuse to follow its binding judgment on the...

Supreme Court Weekly Roundup: 4-10th September, 2023

Suraj Parmar

Tags