Writ - Security Cover – Threat Perception – Discretion of Security Agencies – Petitioner, a political leader, sought security cover citing threat perception – Previous petition directed the authorities to consider threat perception, but the respondents denied security based on reports from field agencies – Held: The assessment of threat perception is within the domain of the Security Review Coordination Committee, which relies on field agency reports – Courts cannot interfere with security assessments unless there is clear evidence of procedural irregularity [Paras 10, 13, 14].

Re-assessment of Threat Perception – Election Period – Jurisdiction of Court – During the petition, the petitioner contended that his threat perception had been assessed only for District Jammu and not for the entire Union Territory (UT) of Jammu & Kashmir, where elections were being held – Held: The court directed the Security Review Coordination Committee to reassess the petitioner's threat perception for the entire Union Territory during the election period – This direction was issued due to the peculiar facts of the case, but was not to be treated as a precedent [Paras 15, 16].

Role of Courts in Security Decisions – Judicial Review Limitations – Petitioner argued that the rejection of security was arbitrary – Held: The court reiterated that it does not have the jurisdiction to substitute its opinion for that of the Security Review Coordination Committee, which has the expertise and inputs to make security-related decisions [Paras 14, 16].

Decision: Petition disposed of – The Security Review Coordination Committee directed to reassess the petitioner's threat perception for the entire Union Territory of Jammu & Kashmir in light of the upcoming elections – No costs [Paras 17].

Criminal Law – Murder Conviction – Acquittal – Appellants convicted under Section 302 r/w 34 IPC for the murder of deceased by attacking him with wooden logs – Trial court sentenced appellants to life imprisonment and imposed a fine of Rs. 10,000 each – On appeal, the High Court found that the evidence of the key prosecution witness (PW1) was unreliable, with contradictions and lack of corroboration – The alleged motive between the appellants and the deceased was weak, and there was stronger evidence of enmity between PW7 and the deceased – No credible connection was established between the recovered weapons and the crime – Held: Prosecution failed to prove guilt beyond reasonable doubt, leading to acquittal [Paras 10, 12, 16, 20, 21].

Witness Testimony – Reliability of Sole Witness – PW1, the third wife of the deceased, claimed to be an eyewitness but her testimony was inconsistent – Other witnesses like PW2 and PW9, initially projected as eyewitnesses, did not support the prosecution’s case – Contradictions in PW1’s statements during cross-examination, particularly regarding the presence of other witnesses and the sequence of events, undermined her credibility – The court found it unsafe to convict the appellants based solely on her testimony without corroboration [Paras 11, 13, 15, 18, 20].

Motive – Enmity Between the Parties – The prosecution’s claim of enmity between the accused and the deceased due to a property dispute was weak – Evidence showed that PW7, the son of PW1, had a serious altercation with the deceased 15 days before the incident, where the accused had intervened to save the deceased – This raised doubts about the alleged motive of the appellants – The court found the motive unsubstantiated and leaned towards an alternative narrative involving PW7’s enmity with the deceased [Paras 12, 13, 14, 16].

Circumstantial Evidence – Recovery of Wooden Logs – The trial court relied on the recovery of wooden logs allegedly used in the crime, based on the confession of the accused – However, the forensic report (Ex.P27) did not conclusively link the blood stains on the logs to the deceased, as the serology test was inconclusive – The lack of a direct connection between the recovered items and the crime further weakened the prosecution’s case – The court held that the discovery of the wooden logs did not substantiate guilt [Paras 19, 20].

Delay in FIR and Investigation – Appellants raised concerns about the delay in registering the FIR and forwarding it to the Magistrate – Additionally, the involvement of PW7 in informing others about the incident, despite PW1’s contradictory statements regarding the phone call, raised doubts about the sequence of events – The court noted these delays and contradictions as factors contributing to the unreliability of the prosecution’s case [Paras 7, 17, 18].

Decision: Appeal allowed – Conviction and sentence under Section 302 IPC set aside – Appellants acquitted – Fine to be refunded – Bail bond cancelled [Para 22].
 

Civil Law – Recovery of Money – Execution of Promissory Note – Appellant contested the execution of the promissory note by the deceased Ramachandran, alleging it was fabricated – Trial court dismissed the suit for lack of conclusive proof, but the first appellate court reversed the decision, holding that oral evidence of witnesses substantiated the claim despite adverse expert opinion – Appellants argued the appellate court wrongly disregarded the expert opinion and failed to properly assess the evidence – Held: Oral evidence, corroborated by other factors, sufficiently established the validity of the promissory note, and the expert opinion was considered a weak piece of evidence – First appellate court's judgment upheld, and second appeal dismissed [Paras 6, 11-26].

Presumption of Execution – Section 118 of Negotiable Instruments Act – Legal heirs of the deceased Ramachandran denied the execution of the promissory note – Plaintiff unable to claim presumption under Section 118 of the Act as the signature was disputed – Burden of proof shifted to plaintiff to establish that the deceased executed the promissory note – The trial court held the plaintiff did not meet this burden; however, the appellate court found the oral evidence provided by the plaintiff's witnesses sufficient to prove execution [Paras 11, 12, 16, 21].

Evidence – Adverse Inference – Section 114(g) of Indian Evidence Act – Trial court invoked Section 114(g) against the plaintiff for withholding expert opinion that was unfavorable – Appellate court found that invoking Section 114(g) was incorrect as the expert’s opinion was available to the court and could have been marked as evidence if deemed necessary – Held: Plaintiff was not obligated to rely on expert opinion, and oral evidence took precedence under Section 47 of Indian Evidence Act, allowing witnesses familiar with the signature to testify [Paras 13-20].

Remand Request – Defendants sought remand to trial court for re-appreciation of expert evidence – Held: As the expert opinion was already available, the defendants had the opportunity to submit it in their defense – The appellate court’s decision not to rely on it, and its focus on oral evidence, was deemed appropriate – Remand was unnecessary as the appellate court had sufficiently dealt with the matter based on the existing evidence [Paras 27-29].

Decision: Second appeal dismissed – Judgment and decree dated 24.08.2021 of the first appellate court confirmed – No costs [Para 30].

Money Laundering – Corruption Allegations – PMLA Proceedings – Arrest Upheld – The petitioner, a former Forest Minister of Punjab, challenged his arrest under the PMLA, claiming violations of Section 19 and arguing that he had cooperated with the investigation. The Directorate of Enforcement arrested the petitioner for laundering proceeds of crime from bribes related to forest department activities, including issuing No Objection Certificates (NOCs), officer transfers, and illegal tree felling – Evidence, including witness statements and records of disproportionate assets, supported the allegations of money laundering – The court found the arrest was lawful, rejecting claims of procedural violations – Petition for quashing of arrest was dismissed [Paras 6.1-8.4].

FIR Quashing – Offences Under Sections 457 and 380 IPC – Compromise Accepted – The petitioner sought the quashing of an FIR registered for house-trespass and theft, contending that the matter had been amicably resolved through a compromise with the complainants – Held: The offences in question are of a private nature and do not affect the public at large – Following the Supreme Court's guidelines in Gian Singh and Narender Singh, the High Court has the inherent power under Section 482 of Cr.P.C. to quash the FIR based on compromise in cases with a predominantly private dispute – FIR quashed [Paras 8-14].

Quashing of FIR in Private Disputes – Judicial Precedent – The Court referenced prior decisions, including Musharaf vs. State of H.P. (2022), Harsh Anand vs. State of H.P. (2020), and Chaman Lal vs. State of H.P. (2023), where FIRs for similar offences were quashed following compromises between the parties – Following the principle of judicial consistency, the present petition is similarly allowed [Para 12].

Decision: The FIR No. 38 of 2022, registered at Police Station Sadar, District Shimla, under Sections 457 and 380 IPC, and all consequential proceedings are quashed based on the compromise between the parties. Petition is disposed of accordingly.

Criminal Law – Conviction under POCSO Act – The appellant was convicted under Section 7/8 of the POCSO Act for pressing the chest of a minor girl with sexual intent – Appellant contended that the prosecution’s case was based on contradictory evidence and the child’s testimony lacked corroboration – Held: The prosecutrix’s testimony, corroborated by her parents and the FIR, was credible and sufficient to establish the offense – Conviction upheld [Paras 5-8, 10-12].

Age Determination – The appellant challenged the age of the prosecutrix – The court relied on the scholar register, which showed the victim’s date of birth as 09/10/2007, establishing that she was under 12 years old at the time of the incident – Court rejected the appellant's arguments regarding age [Paras 9-10].

Testimony of Child Witness – The appellant argued that the child’s testimony required corroboration – Court held that the testimony of a child victim in sexual offenses carries inherent credibility and does not require corroboration, especially when there is no material contradiction or embellishment [Paras 13-15].

Sexual Intent – The appellant denied the presence of sexual intent – Court held that pressing the chest of a minor female is sufficient to demonstrate sexual intent under the POCSO Act – Section 30 of the POCSO Act presumes culpable mental state in such cases unless proven otherwise [Paras 16-18].

Sentencing – The appellant was sentenced to 3 years' rigorous imprisonment with a fine of ₹1,000 under Section 8 of the POCSO Act – Court found no reason to interfere with the sentence as it was within the statutory limits and appropriate for the offense [Paras 19-20].

Decision – Appeal dismissed – Conviction and sentence under Section 7/8 of the POCSO Act upheld [Paras 21-22].

Jurisdiction – Guardianship of Minor – Section 9 of Guardians and Wards Act – The petitioner challenged the maintainability of the guardianship suit before the Ranchi Family Court, arguing that the minor ordinarily resides in Delhi – The trial court rejected the application under Order 7 Rule 11 CPC, stating that jurisdiction was a mixed question of law and fact to be determined after trial – Held: Section 9(1) mandates that the court having jurisdiction is where the minor ordinarily resides, and the minor’s residence in Delhi was an admitted fact – The trial court erred in dismissing the application – Petition allowed, trial court order set aside [Paras 24, 32-33, 55-56].

Jurisdiction – Ordinary Residence of Minor – Admitted Facts – The respondent had previously withdrawn a guardianship petition from Delhi Family Court after admitting that the minor’s ordinary residence was in Shahdara, Delhi – Despite this, the respondent filed a fresh petition in Ranchi, which the petitioner challenged on jurisdictional grounds – Held: When the ordinary residence of the minor is admitted, no inquiry into facts is required, and the trial court’s decision to relegate the issue to trial was erroneous – Jurisdiction lies with the Delhi court [Paras 56-59].

Mixed Questions of Law and Fact – Order 7 Rule 11 CPC – The trial court dismissed the petitioner’s application under Order 7 Rule 11 CPC on the ground that jurisdiction involved mixed questions of law and fact – Held: Where facts, such as the minor’s residence, are admitted, there is no need for an inquiry or trial – The trial court wrongly dismissed the application, and the order is quashed [Paras 63-64, 68].

Supervisory Jurisdiction – Article 227 of the Constitution – The High Court exercised its powers under Article 227 to set aside the lower court’s erroneous decision, emphasizing the admitted facts and improper interpretation of the Guardians and Wards Act – Held: The trial court misapplied Section 9 of the Guardians and Wards Act, failing to appreciate the admitted facts and the correct legal position [Paras 62-67].

Decision: Petition allowed – Order dated 10.04.2024 of the Additional Family Court-II, Ranchi, in O.M. Case No. 539 of 2023 quashed – Respondent given liberty to file a fresh petition in a court having jurisdiction – No costs [Paras 69-71].

Service Law - Social Forestry Workers – Claim for Permanency – Kalelkar Award – Writ Petitions by Social Forestry Division challenging the Industrial Court’s orders granting permanency to daily wage workers under the Kalelkar Award – Petitioners contended that workers were engaged seasonally and not entitled to permanency as no sanctioned posts existed – Held: Industrial Court erred in granting straightaway permanency; instead, the workers’ cases should be considered under government schemes for regularization of daily wage workers as per the Government Resolutions – Cases remitted for consideration of absorption under Government Resolutions from 1996 and 2012 [Paras 1-4, 22-25, 30].

Grant of Permanency – Industrial Court’s Power – Umadevi Case Law – Petitioners argued that as per the Constitution Bench ruling in Umadevi, workers cannot claim regularization without following due process, and the Industrial Court overstepped by granting permanency – Held: Industrial Court’s order for regularization of casual workers without sanctioned posts contravenes Umadevi principles – Court referred to Government schemes that provided for absorption of workers after 5 years of service, requiring re-evaluation under those schemes – Permissible to grant absorption as per applicable schemes, but not direct regularization [Paras 17-19, 21, 22, 29].**

Kalelkar Award – Scope and Application – CRTE Status vs. Permanency – The Industrial Court granted permanency by applying the Kalelkar Award, which requires five years of continuous service for CRTE status – Held: The Kalelkar Award confers CRTE status and does not guarantee permanent government posts – The workers should have been granted CRTE status and considered for regularization under existing schemes, but not outright permanency – Industrial Court order modified accordingly [Paras 10-12, 22-25].**

Regularization Schemes – Government Resolutions of 1996, 2012, and 2018 – Court observed that several Government Resolutions provide for the regularization of daily wage workers completing 5 years of service between 1994 and 2004 – Directed petitioners to re-evaluate workers’ claims for regularization based on these resolutions, without insisting on conditions like active service in 2012 for those terminated in 2002 – Court outlined the method for calculating service benefits, continuity, and retirement benefits for eligible workers [Paras 23-30].

Premature Termination – Impact of Interim Orders – Petitioners argued that the workers’ continued service was due to the status-quo order, thus should not count towards permanency – Held: Interim orders did not prevent petitioners from terminating workers’ services – Workers continued in service for over a decade, justifying consideration for regularization – Termination during pending complaints did not negate their right to claim benefits under the regularization schemes [Paras 14-15, 16].

Decision: Petitions partly allowed – Industrial Court’s direction for permanency set aside – Petitioners to consider workers for regularization under relevant Government Resolutions – Cases remitted for re-evaluation – Eligible workers to be absorbed and granted consequential benefits, including monetary benefits, retirement benefits, and continuity of service [Paras 30-31].

Criminal Law – Quashing of FIR – Allegations of Rape – Petitioners sought quashment of the FIR and charge sheet on the grounds that the prosecutrix is a consenting adult and the case has been amicably settled – Held: Offenses under Section 376 IPC (rape) are serious in nature and cannot be quashed on the basis of compromise, as they have a profound impact on society – The court must be cautious when using its inherent jurisdiction under Section 482 CrPC, especially in cases of heinous crimes like rape [Paras 7-8, 16-17].

Compromise in Heinous Crimes – Non-Compoundable Offenses – Relying on Supreme Court precedents, the court held that offenses such as rape cannot be compromised even if the parties have settled – Crimes like rape affect the dignity and sanctity of women, and the court emphasized that these offenses are not merely private matters but affect public interest as well – Held: The petition for quashing was dismissed, and the court underscored that compromise does not mitigate or nullify the charges in such cases [Paras 9-13, 15-16].

Decision:

Petition under Section 482 of CrPC dismissed – Criminal proceedings will continue, as offenses of rape cannot be quashed based on compromise between the parties, given their serious nature and societal impact [Para 17].