Criminal Law – Invocation of MCOCA – Appeal against Delhi High Court order upholding invocation of MCOCA in certain cases – High Court set aside MCOCA invocation in three cases on the same set of facts – Requirement of multiple charge-sheets and cognizance by a competent court within ten years not met on the dates of offence – Held, penal provisions of MCOCA cannot be invoked retrospectively based on events occurring post-offence – Appeal by accused allowed, appeals by CBI dismissed. [Paras 1-13]

Interpretation of MCOCA – Continuing Unlawful Activity – Analysis – Held – MCOCA requires more than one charge-sheet and court cognizance within ten years preceding the offence – Penal provisions must satisfy conditions on the date of the offence – Procedural requirements may be fulfilled later, but substantive ingredients must be present at the time of offence commission or detection. [Para 10-11]

Decision – Application of MCOCA against Mahipal Singh – Court finds no fulfilment of conditions at the time of offence commission – Appeals against invocation of MCOCA in E0008, E0009, and E0010 allowed – MCOCA invocation in E0007 upheld by the High Court quashed – Other submissions by counsel deemed unnecessary for the decision. [Para 13]

Constitutional Law - Fundamental Rights - Abolition of Untouchability - Manual Scavenging - Public Interest Litigation - Violation of Fundamental Rights - Articles 14, 17, 21, 23 of the Constitution- Manual Scavenging - Practice of manual scavenging and operation of dry latrines condemned as violative of Articles 14, 17, 21, and 23 of the Constitution. Held, manual scavenging is rooted in caste discrimination and untouchability, infringing on the dignity and equality of individuals. States and Union Territories directed to ensure complete eradication of manual scavenging and provide for rehabilitation of affected individuals under the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. [Paras 1-25]

Constitutional Mandate - Compliance - Directions to Union and State Governments - Immediate steps for enforcement and rehabilitation- Governmental Duty - Emphasized the obligation of the Union and State Governments to adhere to constitutional provisions and statutory mandates for abolishing manual scavenging and ensuring rehabilitation. Specific directions issued for comprehensive implementation and monitoring mechanisms, including the establishment of vigilance committees and the appointment of inspectors. [Para 14]

Rehabilitation - Measures to Ensure Dignified Livelihood - Compensation for Sewer Deaths- Rehabilitation - Detailed rehabilitation measures prescribed, including financial assistance, scholarships, alternative employment, housing, and skill training. Specific provisions made for compensation of Rs. 10 lakhs for sewer deaths and prohibition of hazardous cleaning practices. Rehabilitation to be conducted with a focus on justice and transformation. [Para 14]

Decision - Writ Petition Disposed - Directions Issued for Full Implementation- Writ petition disposed with directions for full implementation of the 2013 Act by all States and Union Territories. Emphasis placed on adherence to the constitutional mandate and statutory provisions, with directions for strict action against violators. Aggrieved individuals permitted to seek redressal through appropriate authorities and High Courts. [Para 15-16]

Electricity Law - Inspection and Penal Charges - Appeal against High Court Order - Inspection revealed tampering with the electricity meter by respondent - High Court quashed penal bill and disconnection notice citing principles of natural justice and absence of representative during inspection - Supreme Court held that inspection was conducted in presence of respondent's representative - Respondent failed to apply to Electrical Inspector for meter testing under Section 26(6) of Electricity Act, 1910 - High Court erred in applying Section 26(6) in cases of tampering involving fraud - High Court's order quashing penal bill and inspection report set aside. [Paras 1-16]

Tampering with Electricity Meter - Legal Provisions and Application - Held - In cases of tampering, Section 26(6) of Electricity Act, 1910 does not apply - Provisions under Orissa Electricity Regulatory Commission Distribution (Conditions of Supply) Code, 1998 apply for penal charges - Proper inspection and compliance with procedural requirements observed by appellant - High Court failed to consider statutory provisions correctly and erred in quashing penal charges and inspection report. [Paras 11-13, 15]

Decision - Restoration of Penal Charges and Inspection Report - Appeals allowed - Writ petitions by respondent dismissed - High Court's order set aside - Penal bill and disconnection notice by appellant reinstated - Directions for refund of delayed payment surcharge quashed. [Paras 16]

Contract Law - Frustration of Contract – Civil Appeal against High Court order directing refund of entire amount received by appellant from respondent due to non-performance of contract – Contract frustrated by impossibility arising from refusal of permission to transport iron ore fines through Bhadra Wildlife Sanctuary, now a Tiger Reserve – High Court held SAIL's retention of payment illegal and unconscionable – Supreme Court upheld High Court’s decision, confirming contract was unenforceable due to prohibition under Section 38(v) of Wildlife (Protection) Act, 1972 - Appeal dismissed. [Paras 1-9]

Contract Law - Performance and Waiver – Analysis – Supreme Court agrees with High Court’s findings that the contract's performance was rendered impossible by statutory prohibition – Notes no waiver of delivery conditions by appellant that could affect the contract’s enforceability. [Para 8]

Decision – Dismissal of Appeal – Supreme Court affirms High Court’s ruling for refund of amounts received by appellant from respondent – Contract declared unlawful and unenforceable due to statutory prohibition, upholding frustration of contract doctrine. [Paras 9]

Consumer Protection - Deficiency in Service - Civil Appeal against orders of National, State, and District Consumer Forums - Haryana State Agricultural Marketing Board's failure to develop Adampur Mandi Area with necessary amenities after allotment of plots - Respondents' inability to conduct grain business due to lack of infrastructure - Held that Board's inaction amounted to deficiency in service - Directions to develop the area and provide interest relief to respondents upheld - Appeal dismissed. [Paras 1-9]

Role of Statutory Authorities - Consumer Rights - Analysis - Held - Statutory boards and development authorities have obligations to provide promised amenities - Failure to do so constitutes deficiency in service under consumer protection laws - Concurrent findings of facts by lower forums respected by Supreme Court - Doctrine of legitimate expectations applicable. [Paras 6-8]

Decision - Dismissal of Appeal by Haryana State Agricultural Marketing Board - Upheld orders of Consumer Forums granting relief to respondents - Board directed to provide necessary facilities and refund interest for non-provision of amenities - No costs awarded. [Para 9]

Communal Violence - Investigation and Rehabilitation – The writ petitions relate to the communal riots in Muzaffarnagar and adjacent districts starting from 07.09.2013. The petitions asserted state negligence in preventing the riots, inadequate relief measures for the victims, and improper investigations into the crimes. The Supreme Court, while acknowledging state failures in preventing the violence, directed extensive rehabilitative and compensatory measures for the victims, and continuous monitoring of the investigation and relief efforts. [Paras 1-92]

Criminal Law - Special Investigation Team (SIT) - Not Necessary – Supreme Court, after assessing the detailed reports and steps taken by the State of Uttar Pradesh including the formation of a Special Investigation Cell (SIC), deemed further investigation by SIT or CBI unnecessary at this juncture. However, stringent directions were issued for arresting the culprits, providing adequate security to rape victims, and ensuring fair investigations free from communal bias. [Paras 72-85]

Compensation to Rape Victims - Directions – Court directs the State Government to provide Rs. 5 lakhs as compensation to each rape victim, in addition to ensuring their security and other rehabilitative measures. The compensation is aimed at providing some solace to the victims and aiding in their rehabilitation. [Paras 86-90]

Rehabilitation of Riot Victims - Comprehensive Measures – Directions issued for providing financial assistance, medical aid, and shelter to the affected persons. The state is also directed to facilitate the return of displaced persons to their villages and ensure their safety. Compensation for damages to movable and immovable properties is to be assessed and settled promptly. [Paras 30-34, 90]

Investigation and Arrests - Communal Bias – Investigating authorities directed to proceed against all offenders regardless of their community or political affiliations. Specific steps to ensure unbiased investigations and efficient prosecution of the cases were outlined. The court emphasized the importance of removing communal bias in the investigation process. [Paras 35-44]

Interim Orders and Monitoring – Numerous interim orders were issued for immediate relief measures, ensuring medical aid, food, and shelter for the displaced persons, and setting up relief camps. The state and central governments were directed to file compliance reports regularly. The court maintained continuous monitoring of the situation through these interim directions. [Paras 21-27, 90-91]

Decision- The Court dismissed the petitions seeking further investigation by SIT or CBI, considering the steps already taken by the State of Uttar Pradesh and the ongoing monitoring by the Court. Extensive directions were issued to the State for the arrest and prosecution of culprits, compensation and rehabilitation of victims, and ensuring unbiased investigations. The Court emphasized the responsibility of the State to prevent such incidents in the future and to ensure justice and relief for the affected persons.

Constitutional Law - Right to Equality - Implementation of Disability Act - Writ petitions filed by a charitable trust seeking the implementation of the 1995 Act's provisions and reservation of 1% of identified teaching posts for visually disabled persons - Supreme Court directs immediate implementation by Union, States, and Union Territories - Held: Beneficial provisions of the 1995 Act must be implemented in letter and spirit without delay - Direction issued for compliance by the end of 2014. [Paras 1-16]

Disability Rights - Reservation in Teaching Posts - Compliance with Section 33 of the 1995 Act - Examination of compliance by UGC and various government entities - Held: UGC acted in compliance, but other entities failed to fully implement the Act - Directions issued to ensure 1% reservation in teaching posts for visually disabled persons across all relevant institutions. [Paras 7-8, 12-15]

Administrative Law - Role of Government in Disability Rights - Proactive and Relief-Oriented Approach - Emphasis on the need for a liberal and relief-oriented approach by the executive in matters concerning differently-abled individuals - Held: Governments must actively work to provide relief and opportunities to differently-abled citizens, ensuring true equality and effective conferment of equal opportunities. [Paras 10-11]

Decision - Implementation of the 1995 Act - Court disposes of writ petitions and appeals, directing immediate and comprehensive implementation of the 1995 Act by the end of 2014 - Orders compliance by the Central Government, State Governments, and Union Territories, ensuring that visually disabled persons benefit from the Act's provisions. [Paras 13-16]

Narcotic Drugs and Psychotropic Substances Act, 1985 - Conviction under Section 23 - Requirements for Offence - Appeal Dismissal- The Supreme Court upheld the High Court's decision to acquit the respondent of charges under Section 23 of the NDPS Act due to the prosecution's failure to prove the foreign origin of the seized ganja and non-compliance with mandatory procedural requirements under Sections 42, 52, and 57 of the NDPS Act. The lack of independent witness testimony and original chemical examination report further weakened the prosecution's case. [Paras 1-11]

Definition and Scope of "Transhipment" under Section 23 - Interpretation and Application - The term "transhipment" within Section 23 must be interpreted in the context of import and export activities. The High Court correctly concluded that without evidence of the respondent engaging in transhipment as part of import into or export out of India, Section 23 does not apply. This interpretation aligns with the legislative intent reflected in Section 9(1)(a)(vii) of the NDPS Act. [Paras 7-10]

Mandatory Procedural Compliance under NDPS Act - Significance in Conviction -The Supreme Court emphasized the importance of strict compliance with mandatory provisions under Sections 42, 52, and 57 of the NDPS Act. Non-compliance with these procedural safeguards can vitiate the prosecution's case, leading to acquittal. The prosecution's failure to adhere to these requirements significantly contributed to the respondent's acquittal. [Para 4]

Decision - The Supreme Court dismissed the appeal, upholding the High Court’s decision to acquit the respondent of the charge under Section 23 of the NDPS Act, citing insufficient evidence and procedural lapses by the prosecution. [Paras 10-11]

Motor Vehicles Act, 1988 - Section 166 - Enhancement of Compensation - Civil appeal against the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Haridwar, and affirmed by the High Court of Uttarakhand. The appellant contested the compensation for the death of Sandeep Chauhan in a motor vehicle accident, arguing that the awarded amount did not adequately cover future prospects, loss of consortium, and funeral expenses. The Supreme Court held that the compensation determined by the Tribunal was inadequate considering the principles laid down in earlier judgments and the prevailing price index. Enhanced compensation was awarded accordingly. [Paras 1-10]

Compensation - Future Prospects - Held - It is reasonable to include future prospects in the calculation of compensation, especially for self-employed or fixed-income individuals. The Tribunal and High Court erred in not considering future prospects, which should be calculated at a rate of 30% of the notional income. [Para 8]

Loss of Consortium and Funeral Expenses - Held - The amounts awarded under these heads were inadequate. The Court awarded Rs. 1,00,000 for loss of consortium and Rs. 25,000 for funeral expenses, aligning with the principles established in Rajesh v. Rajbir Singh and Santosh Devi v. National Insurance Co. Ltd. [Para 7]

Decision - Enhanced Compensation Awarded - The Supreme Court modified the compensation to Rs. 6,55,400 plus interest at 8% per annum from the date of filing the claim petition till the date of payment. The enhanced amount was to be paid after deducting any amount already paid within four weeks from the date of the judgment. [Para 10]