Criminal Law – Attachment of Property – Section 146(1) CrPC – SDM attached property in dispute following a police report indicating possible breach of peace – Civil court had already been approached for an injunction on the same property – Court held SDM exceeded jurisdiction by attaching the property when the possession was not disputed, and the matter was already before the civil court​​.

Scope of Sections 145 and 146 CrPC – Preventing Breach of Peace – The purpose of Section 145 is to prevent breach of peace by maintaining status quo concerning possession – Section 146(1) allows attachment only in cases of emergency or inability to determine possession – Court found no emergency or inability to determine possession, making the attachment under Section 146(1) CrPC improper​​.

Judicial Review – Concurrent Jurisdiction – Civil and Criminal Courts – When a civil court is seized of the matter, the criminal court should not intervene by attaching property – The civil court is competent to decide on possession and injunctions, making the SDM's order redundant and beyond jurisdiction​​.

Decision: Appeal allowed – Order of SDM attaching the property set aside – High Court's order affirming SDM's decision also set aside – Civil court directed to decide on the interim application for injunction without influence from SDM's order – Appellant's undertaking not to change the character of the property or create third-party rights till civil court's decision recorded​​.

Representing Advocates:

Ambrish Kumar, Ajai Kumar Bhatia, and Sunil Kumar Jain for the Appellant

Vivek Gupta and Saket Agrawal for the Respondent

Criminal Law – Circumstantial Evidence – Reliability – Conviction based on circumstantial evidence can be sustained if the chain of events is complete and points unmistakably to the guilt of the accused – The prosecution established various circumstances which collectively formed a complete chain linking the accused to the crime – Inconsistencies in witness statements regarding the time of the incident were deemed immaterial​​.

Plea of Alibi – Disbelief and Adverse Inference – The plea of alibi put forth by the accused was disbelieved due to contradictions and lack of credible evidence – The court drew adverse inferences from the absence of a satisfactory explanation by the accused under Section 313 CrPC – Failure to provide a plausible explanation for the victim's injuries and death supported the prosecution's case​​.

Witness Credibility – Related and Hostile Witnesses – Statements of relatives of the deceased were found to be credible and corroborated by medical evidence – Hostile witnesses' partial support to the prosecution case was considered – The testimony of interested witnesses was accepted as it was consistent and trustworthy​​.

Medical Evidence – Professional Lapses – The post mortem report and testimony of the medical officer indicated injuries consistent with assault, supporting the prosecution's case – Both the investigating officer and the medical officer were found to have conducted their duties improperly, and disciplinary actions were directed against them​​.

Decision: Appeal dismissed – Conviction and life sentence under Section 302/34 IPC upheld – Directions for disciplinary actions against the investigating officer and the medical officer for their professional lapses​​.

Review Jurisdiction – Scope and Limitations – Review petitions are confined to the principles of Order 47 Rule 1 CPC – Error apparent on the face of the record must be evident per se and not require elaborate argument – Review cannot be used to reargue the case on merits​​.

CBI Investigation – Jurisdiction and Consent – Constitution Bench settled that High Courts can direct CBI investigations without State consent in exceptional circumstances under Articles 32 and 226 – Such powers must be exercised sparingly and only to ensure credibility and confidence in investigations​​.

Review of Judgment – Specific Errors – The direction for CBI to report to the Union of India was found to be beyond the scheme of the Delhi Special Police Establishment Act – CBI, as an independent body, is not required to seek further instructions from the Union of India – Directions modified accordingly​​.

Private Individuals – Scope of Inquiry – Dimple Yadav, having no public office or involvement in the activities under scrutiny, should not have been included in the inquiry – Review allowed for her exclusion from the CBI investigation​​.

Decision: Review petitions disposed of with modifications – CBI to drop inquiry against Dimple Yadav – CBI to take independent action based on its inquiry without reporting to the Union of India​​.

Technical Education – AICTE Approval – Shifting of College Premises – The Appellant, Parshavanath Charitable Trust, shifted its engineering college to a new location without obtaining prior approval from AICTE and without No Objection Certificates from the University of Mumbai and the State Government. Despite this, AICTE granted temporary approvals for the academic years 2008-2010. However, later AICTE issued a show cause notice and eventually withdrew the approval in 2011 due to non-compliance with mandatory regulations​​.

Procedural Compliance – Legal Requirements – AICTE Regulations require prior approval for shifting the location of an institution and submission of specific documents including land ownership or lease deed and occupancy certificate from the local municipal authority. The Appellant’s failure to meet these requirements justified AICTE's withdrawal of approval​​.

Judicial Review – High Court’s Intervention – The Bombay High Court dismissed the Appellant’s writ petition challenging the AICTE’s withdrawal of approval. The High Court emphasized that the Appellant did not comply with the essential requirements of obtaining No Objection Certificates and an occupancy certificate before shifting the college premises​​.

Decision: Appeal dismissed – AICTE’s action of withdrawing approval upheld – High Court's order affirmed. Directions provided for reallocation of affected students to other recognized and affiliated colleges to ensure continuity in their education​​.

Criminal Law – Murder – Eyewitness Testimony – Conviction based on the testimonies of eyewitnesses (PW1, PW2, PW3) who witnessed the accused stabbing the deceased multiple times with a knife and assaulting him with sticks – Presence of witnesses at the scene corroborated by consistent and reliable statements​​.

Delay in FIR – Explanation – FIR lodged with a delay of several hours explained as the complainant first took the injured to the hospital where he succumbed to his injuries – Court held the delay satisfactorily explained and did not affect the prosecution's case​​.

Medical Evidence – Consistency with Eyewitness Account – Post-mortem report and testimony of the medical officer supported the eyewitness accounts – Multiple stab wounds consistent with the description provided by witnesses – No material contradictions found​​.

Discrepancies – Minor Inconsistencies – Minor discrepancies in the testimonies of witnesses not sufficient to discredit the prosecution’s case – Court emphasized overall consistency and reliability of evidence over minor variations in witness statements​​.

Decision: Appeal dismissed – Conviction and life sentence under Section 302 read with Section 34 IPC upheld – Prosecution evidence found reliable and consistent​​.

Constitutional Obligation – Right to Life and Dignity – The Court emphasized the fundamental right to life under Article 21, which includes the right to live with dignity, safety, and access to basic amenities. It is the State's primary obligation to ensure these rights are protected for all citizens, including pilgrims​​.

Public Interest – Judicial Intervention – The Court's intervention was based on persistent reports of poor arrangements and fatalities during the Amarnath Yatra. The judicial notice aimed to ensure the enforcement of pilgrims' constitutional rights to safety, dignity, and proper facilities​​.

Sustainable Development and Environmental Protection – The Court highlighted the importance of environmental protection and sustainable development principles as part of the right to life under Article 21. Measures to prevent high mortality rates, control pollution, and provide necessary facilities were deemed essential​​.

Special High-Powered Committee (SHPC) – The Court constituted a SHPC to visit the site and make recommendations on improving medical facilities, environmental protection, public amenities, and overall management of the Yatra​​.

Implementation of Recommendations – The Court directed the immediate implementation of short-term measures, such as medical facilities and improved walking tracks, and long-term measures requiring detailed planning. The SHPC's recommendations were to be followed in both letter and spirit​​.

Decision: Suo motu writ petition disposed of with directions – SHPC's report accepted and directed to be implemented with additional clarifications – Steps to be taken for health care, environmental protection, and better management of Amarnath Yatra to ensure the safety and dignity of pilgrims​​.

Compassionate Appointment – Scheme Implementation – The Department of Personnel and Training (DoPT), Ministry of Personnel, Public Grievances, and Pensions, issued a scheme for compassionate appointment on 9th October 1998, allowing up to 5% of direct recruitment vacancies in Group 'C' or 'D' posts to be filled by such appointments. The scheme is intended to provide employment to dependent family members of government servants who die in harness or retire on medical grounds​​.

Quota Exceedance – Validity of Termination – Appellants terminated the services of candidates appointed under the compassionate scheme, citing excess over the 5% quota approved by the Screening Committee. The Tribunal and High Court ruled against the termination, emphasizing that appointments were made under the 1998 scheme and the subsequent instructions could not retrospectively affect vested rights​​.

Judicial Review – Policy and Administrative Decisions – Courts generally refrain from interfering with state policy decisions unless they violate constitutional mandates or fundamental rights. In this case, the High Court found the instructions limiting compassionate appointments to be frustrating the scheme's objective and invalidated the termination orders​​.

Policy Clarification – Need for Unambiguous Guidelines – The Court highlighted the necessity for the government to issue clear and unambiguous guidelines to avoid confusion and ensure fair implementation of the compassionate appointment scheme. The judgment emphasized that such appointments should prioritize socio-economic justice and not be affected by administrative discrepancies​​.

Decision: Appeals dismissed – Terminations based on quota exceedance invalidated – Appointments to be maintained – Government directed to issue comprehensive guidelines for future implementation of the compassionate appointment scheme without infringing vested rights​​.

Narcotic Drugs and Psychotropic Substances Act, 1985 – Non-compliance with Section 42 – Total and definite non-compliance with statutory provisions amounts to per se prejudice against the accused – The provisions of Section 42 are mandatory and must be strictly complied with – Substantial compliance is not sufficient where the statute requires definite compliance [Paras 16-23].

Evidentiary Doubt – Presence of Magistrate – Doubt cast on the presence of the Executive Magistrate at the time of recovery due to contradictory evidence from the driver of the official vehicle – The log book entries contradicted the Magistrate’s claim of being present at the scene – Prosecution failed to establish the presence of an independent witness, thereby casting doubt on the recovery process [Paras 25-27].

Doctrine of Repugnancy – Conflict Between State and Central Laws – Central law prevails in case of direct conflict, particularly in the context of procedural safeguards in criminal jurisprudence [Para 48].

Decision – Appeal allowed – Conviction set aside – Held – Non-compliance with mandatory provisions of the NDPS Act resulted in the acquittal of the accused – Appellant directed to be released forthwith [Paras 28-29].

Right to Information Act, 2005 – Non-compliance and Penalty – Appellant, designated as Public Information Officer, failed to provide information within the time specified under Section 7(1) – Appeal before State Information Commission resulted in direction for disciplinary action under Section 20(2) – Supreme Court emphasized adherence to principles of natural justice and proper reasoning in imposing penalties – Held that the Commission must grant a reasonable opportunity of being heard before recommending disciplinary action [Paras 25-32].

Principles of Natural Justice – Applicability in Quasi-Judicial Functions – The Commission’s powers akin to judicial functions necessitate strict compliance with natural justice principles – Requirement for reasoned decisions and opportunity to be heard – Orders passed without such compliance are liable to be set aside [Paras 17-24].

Decision – Appeal allowed – Held – Order of State Information Commission and judgment of the High Court set aside – Disciplinary action initiated against the Appellant to be withdrawn – Commission directed to decide the appeal on merits after granting a hearing to the Appellant [Paras 31-32].