Arbitration – Interim Relief – Emergency Arbitrator’s Order – Section 9 of Arbitration Act – Maintainability Upheld - The petitioners sought interim relief under Section 9, requesting the respondents to provide security in compliance with the Emergency Arbitrator’s order. The respondents challenged the maintainability, arguing that the Emergency Arbitrator’s order should be enforced as a final award under Section 49 of the Arbitration Act. The Court held that the Emergency Arbitrator’s decision, though termed an “award,” was in substance an interim order aimed at securing the claim during arbitration and thus did not require enforcement under Section 49. The petition under Section 9 was maintainable [Paras 31-32].

Exclusion of Part I of the Arbitration Act – Applicability of Section 9 in International Arbitration - The respondents argued that the arbitration agreement, governed by SIAC Rules, excluded the applicability of Part I of the Arbitration Act, including Section 9. The Court rejected this contention, holding that the agreement did not expressly exclude Part I, and the proviso to Section 2(2) of the Arbitration Act allows Section 9 to apply to international commercial arbitrations seated outside India unless specifically excluded. The petitioners were entitled to seek interim relief under Section 9 [Paras 33-36].

Security in Arbitration – Bank Guarantee Directed – Protection of Petitioner’s Claim - The Court upheld the Emergency Arbitrator’s order directing the respondents to furnish a bank guarantee of ₹145 crores as security. The respondents’ objections to the valuation and financial constraints were dismissed, and the Court noted that a bank guarantee was the most appropriate form of security to ensure the petitioner’s claims were protected, especially given the respondents’ past delays and conduct during the arbitration proceedings [Paras 40-45].

Final Decision – Interim Relief Granted - The Court granted interim relief under Section 9, directing the respondents to furnish a bank guarantee for ₹145 crores and restraining them from disposing of or encumbering their assets. The matter was listed for compliance on 22nd October 2024 [Paras 30, 50].

Quashing of FIR – Section 17A of Prevention of Corruption Act – Prior Approval Mandatory - The petitioners, a Circle Inspector and an Assistant Sub-Inspector, sought to quash an FIR registered against them for demanding illegal gratification. The High Court held that under Section 17A of the Prevention of Corruption Act, prior approval from the competent authority is mandatory before initiating any investigation against a public servant for actions carried out in the discharge of official duties. Since no such approval was obtained, the FIR was quashed [Paras 10-14, 20-24].

Application of Section 17A – Protection for Public Servants in Discharge of Duties - The Court emphasized that Section 17A of the Prevention of Corruption Act protects public servants from investigation for actions taken in the discharge of official functions without prior approval from the competent authority. As the alleged demand for gratification was linked to the petitioners' official duties, the lack of prior approval rendered the FIR void ab initio [Paras 16-18].

Trap Proceedings and On-the-Spot Arrest – No Exception Applicable - The Court noted that the petitioners were not caught in a trap or on-the-spot arrest while accepting illegal gratification. Therefore, the proviso to Section 17A, which allows investigation without prior approval in cases of on-the-spot arrest, was not applicable. The entire investigation was vitiated by the failure to secure prior approval [Paras 22-23].

Final Decision – FIR Quashed - The High Court allowed the petitions, quashing FIR No. 14/2022 registered at ACB Jaipur against the petitioners, as the investigation was initiated without the mandatory prior approval under Section 17A of the Prevention of Corruption Act [Para 25].

SARFAESI Act – E-Auction Sale Notice – Validity of Auction Proceedings - The petitioner, a guarantor for a loan, challenged the e-auction sale notice issued by the bank under the SARFAESI Act for recovery of dues. The Court upheld the validity of the auction proceedings, noting that the bank had complied with the procedural requirements under the SARFAESI Act and that the petitioner failed to challenge the notice or settle the dues within the prescribed timeframe [Paras 10-12, 24-28].

Right of Redemption – Extinguishment After Auction Notice – Section 13(8) of the SARFAESI Act - The Court held that the petitioner’s right of redemption was extinguished once the auction notice was published under Rule 9(1) of the SARFAESI Security Interest (Enforcement) Rules, 2002. The petitioner's subsequent payments did not revive the right of redemption, and the auction purchaser’s rights had vested with the issuance of the sale certificate [Paras 30-32, 36-40].

Availability of Alternate Remedy – Writ Petition Not Maintainable - The Court reiterated the established principle that writ jurisdiction under Article 226 should not be invoked when an alternative statutory remedy exists. In this case, the petitioner had a statutory remedy under Section 17 of the SARFAESI Act before the DRT, which he failed to exhaust. The writ petition was therefore dismissed as not maintainable [Paras 45-48].

Final Decision – Writ Petition Dismissed – No Violation of Article 300A - The High Court dismissed the writ petition, holding that the bank had acted within the statutory framework, and the petitioner’s claim of violation of property rights under Article 300A was unfounded. The contempt petition was also disposed of, finding no merit in the petitioner’s claims of non-compliance with Court orders [Para 55].

Income Tax – Anonymous Donations – Section 115BBC – Applicability to Charitable and Religious Trusts – Appeals Dismissed – The appellant contended that the anonymous donations received by the Shree Sai Baba Sansthan Trust were taxable under Section 115BBC(1) since the trust was registered under Section 80G as a charitable institution – The Court held that the trust qualified for the exception under Section 115BBC(2)(b), which exempts trusts established for both charitable and religious purposes from taxation on anonymous donations – The trust was found to be predominantly both religious and charitable, with expenses on religious activities within the permissible limits under Section 80G(5B) [Paras 15-36].

Interpretation of Section 80G and Section 115BBC – Co-existence of Charitable and Religious Purposes – The Court observed that there is no legal bar for a trust to be both charitable and religious and still benefit from the exclusion under Section 115BBC(2)(b) – Registration under Section 80G does not preclude a trust from claiming exemptions available to religious trusts [Paras 28-30].

Decision:  The appeals were dismissed. The Court upheld the decisions of the CIT(A) and the Tribunal, confirming that the anonymous donations received by the Shree Sai Baba Sansthan Trust were not taxable under Section 115BBC(1).

Panchayat Elections – Casual Vacancy – Rule 46 of the Odisha Panchayat Samiti Election Rules, 1991 – Process of Election Quashed - The petitioners, who held positions in the respective Panchayat Samitis, challenged the notification issued by the State Election Commission to fill the casual vacancies of Chairman without conducting elections for the corresponding vacant Samiti member positions. The Court held that as per Rule 46, both the vacancies for Samiti members and the Chairman should have been filled simultaneously. The Commission's failure to include elections for Samiti members made the notification invalid. The process of election under the notification dated 12/08/2024 was quashed [Paras 14-19].

Article 243(O) of the Constitution – Bar on Interference in Electoral Process – Not Applicable Due to Lapse of Election Schedule - The respondents argued that the writ petition was barred under Article 243(O) of the Constitution, which prevents judicial interference in the electoral process. However, the Court held that since the schedule of the election had already lapsed due to an interim order, there was no ongoing electoral process, and therefore, the bar under Article 243(O) did not apply [Paras 22-25].

Conduct of Elections – Need for Fresh Notification – Directive to Issue Separate Notifications for Samiti Members and Chairman Elections - The Court directed the State Election Commission to issue fresh notifications for both the election of Samiti members and the election of the Chairman, ensuring that the newly elected Samiti members would be able to participate in the election for Chairman, in accordance with the Panchayat Samiti Election Rules [Paras 28-31].

Final Decision – Writ Petition Allowed – Fresh Notifications to be Issued for Conducting Elections - The Court allowed the writ petitions and directed the State Election Commission to take steps for issuing two separate notifications: one for filling the Samiti member vacancies and another for conducting the Chairman election, ensuring compliance with Rule 46 [Para 32].

NDPS - Statutory Bail – Incomplete Charge Sheet – FSL Report Requirement – Entitlement to Bail – The petitioner, charged under Sections 21C/25/27A/29 of the NDPS Act, applied for statutory bail on the 183rd day, arguing that the charge sheet filed on the 177th day was incomplete due to the absence of the FSL report – Held: A charge sheet filed within 180 days without the FSL report is incomplete, entitling the accused to statutory bail – The Court followed the ruling of the Division Bench in Rakesh Sha v. State of West Bengal (CRM (NDPS) 552 of 2023) – Default bail granted [Paras 8, 14-15].

Filing of Charge Sheet – Role of FSL Report in NDPS Cases – A charge sheet filed without the FSL report in an NDPS case, although within 180 days, does not fulfill the requirements of Section 36A(4) of the NDPS Act – The Court cited the Division Bench decision in Rakesh Sha where it was held that the FSL report is integral to the charge sheet and its absence makes the charge sheet incomplete – The petitioner became entitled to statutory bail once 180 days had expired without the FSL report being filed [Paras 8-9].

Judicial Precedent – Calcutta High Court Binding – Pending Supreme Court Case – The issue of whether a charge sheet in an NDPS case without the FSL report is valid is pending before the Supreme Court in Mohd. Arbaz v. State of NCT of Delhi – However, judicial discipline requires adherence to the ruling of the Calcutta High Court Division Bench until the Supreme Court decides the matter [Paras 13].

Decision: The Court allowed the petition and granted default bail to the petitioner as the charge sheet was not accompanied by the FSL report, which is required in NDPS cases. The Court followed the precedent set by the Division Bench of the Calcutta High Court in Rakesh Sha and ruled that the absence of the FSL report makes the charge sheet incomplete, entitling the petitioner to statutory bail. The petitioner is directed to be released on bail subject to conditions specified, including furnishing of bail bond and regular reporting to the police. The petition is accordingly disposed of [Paras 14-18].

GST Law – Revocation of Voluntary Cancellation of Registration – Principles of Natural Justice – The petitioner challenged the revocation of voluntary cancellation of their GST registration and subsequent retrospective cancellation from 27 June 2020 – The CGST authorities had revoked the voluntary cancellation without issuing a show cause notice or granting a hearing – Held: The revocation of voluntary cancellation without prior notice or opportunity of hearing violated the principles of natural justice – Further, the cancellation order did not provide reasons for rejection, and retrospective cancellation from a date prior to the registration itself was unsustainable – All consequential proceedings based on the flawed decision-making process were quashed [Paras 12-16, 19].

Retrospective Cancellation – Invalidity – Absence of Justification – The petitioner’s registration was cancelled with retrospective effect from a date prior to its grant – Held: There was no valid explanation for this retrospective cancellation, and the respondents failed to justify the retrospective application of the order – Such cancellation was held to be invalid and contrary to law [Paras 15-16].

Remedy for Breach of Natural Justice – Right to Fresh Proceedings – Since the revocation of voluntary cancellation and subsequent proceedings were conducted in breach of natural justice, the respondents were granted liberty to initiate fresh proceedings, ensuring due process was followed – The petitioner was restrained from utilizing the Input Tax Credit (ITC) until the conclusion of fresh proceedings [Paras 18-19].

Decision – The orders dated 20 February 2024, 8 March 2024, and 9 May 2024 were quashed – The petitioner's position as of 8 May 2023, when voluntary cancellation was accepted, was restored – Respondents were granted liberty to issue fresh show cause notices and conclude the proceedings by 31 January 2025, with the petitioner restrained from using the ITC until then [Paras 20-22].

Criminal Procedure – Right to Fair Trial – Entitlement to Unmasked Prosecution Records – The petitioners, accused of POCSO offences, sought unmasked copies of prosecution records for effective defense – The Special Courts rejected these applications, citing the need to protect the identity of the victim under Section 33(7) of the POCSO Act – Held: The right to a fair trial is enshrined under the Constitution and cannot be denied – While victim privacy is important, the accused are entitled to unmasked copies of prosecution records to effectively challenge the prosecution’s case, subject to the condition that the privacy of the victim is protected and not disclosed in the public domain [Paras 13-16].

Protection of Victim Identity – Balancing Privacy and Defense Rights – The court emphasized that prosecution records must be provided in full to ensure the accused’s right to a defense – However, the accused and their counsel must be bound by an undertaking not to disclose the victim’s identity or details in any form of media or public forum, maintaining compliance with Section 33(7) of the POCSO Act [Para 12].

Digital Evidence – Access Restrictions – In cases where digital evidence, such as chats or videos, is part of the prosecution’s case and may compromise the victim’s privacy, the court upheld the restriction of access to such materials under the principles established in Gopalakrishnan @ Dileep vs. State of Kerala [2019 (4) KLT 853] [Paras 16-17].

Decision: Criminal M.C. petitions allowed – The impugned orders of the Special Courts are set aside – The Special Courts are directed to provide unmasked copies of the prosecution records to the accused or their counsel, ensuring the protection of the victim’s identity as per the conditions imposed [Paras 17-18].
 

Natural Justice – Penalty Imposed Without Consideration of Reply – Non-Speaking Order – The petitioner challenged the penalty imposed for illegal mining, contending that the order was a non-speaking one, passed without considering her detailed reply – Held: A quasi-judicial authority must pass reasoned orders, and failure to do so violates the principles of natural justice – The impugned penalty order was set aside as it lacked reasons and failed to address the petitioner’s defense [Paras 3-6].

Principles of Reasoned Decision-Making – Requirement for Recording Reasons – The court emphasized that recording reasons is indispensable for ensuring transparency, accountability, and fairness in decision-making, as mandated by the Supreme Court in M/s Kranti Associates Pvt. Ltd. vs. Masood Ahmed Khan [(2010) 9 SCC 496] – Such reasons also facilitate judicial review and ensure that decisions are made on relevant grounds [Paras 7-8].

Decision: Petition allowed – The penalty order was set aside, and the matter was remitted to the respondents to decide afresh after providing the petitioner an opportunity of hearing [Para 9].