Criminal Law – Kidnapping, Rape, and Murder – Appellant convicted for kidnapping a three-year-old girl, committing rape and unnatural offences, and murdering her – Trial court sentenced appellant to death – High Court confirmed conviction and death sentence – Supreme Court reviews evidence and confirms conviction but commutes death sentence to life imprisonment [Paras 1-13].

Evidence – Witness Credibility – Appellant challenged reliability of eyewitness (PW-3) due to age and partial blindness – Supreme Court upheld witness credibility as her left eye sight was intact and she recognized the appellant who was her neighbor – No need for Test Identification Parade as appellant was well known to witness [Paras 6-7].

Recovery of Evidence – Appellant argued recovery of evidence (blood-stained shirt, chappals, and dead body) was not credible due to lack of independent witnesses – Supreme Court found recoveries valid as they were corroborated by multiple witnesses and forensic evidence [Paras 8-9].

Sentencing – Death Penalty – Considering appellant’s young age (28 years) and potential for reformation, Supreme Court commuted death sentence to life imprisonment – Followed precedent in similar cases, emphasizing chance for rehabilitation while ensuring justice for heinous crimes [Paras 10-12].

Decision: Appeal partly allowed – Conviction under Sections 201, 302, 364, 376, 377 IPC upheld – Death sentence commuted to life imprisonment for the offence under Section 302 IPC – Life imprisonment to extend to appellant’s full life, subject to remission or commutation by government for good reasons [Paras 12-13].

Constitutional Law – Fundamental Rights – The Court examined the right to assemble peaceably without arms under Article 19(1)(b) and the reasonable restrictions that can be imposed under Article 19(3) – Held that the right to protest is fundamental but not absolute – Restrictions must be reasonable and in public interest [Paras 1-36].

Public Order – Use of Force – The Court scrutinized the invocation of Section 144 CrPC and the use of force by police – Emphasized that the power under Section 144 must be exercised with due caution and should be based on an objective assessment of the situation – Held that excessive force by the police is a violation of fundamental rights and must be addressed with accountability [Paras 36-50].

Judicial Review – Scope and Principles – The Court reaffirmed the power of judicial review in cases involving fundamental rights violations – Emphasized that the state must justify restrictions on rights and ensure they are proportionate to the intended objective – The courts have a duty to protect constitutional rights against arbitrary state action [Paras 50-65].

Decision: Suo Motu Writ Petition allowed – Supreme Court held the police action at Ramlila Maidan as disproportionate and violative of fundamental rights – Directed the Government to frame guidelines for regulating public assemblies and use of force – Compensation awarded to victims of police action [Paras 65-80].

Criminal Law – Dacoity with Murder – Appellant convicted under Section 396 IPC for participating in a dacoity that led to the murder of five people, including two minor children – Trial court sentenced appellant to death, and High Court confirmed – Supreme Court reviewed evidence, confirmed conviction, and upheld death sentence [Paras 1-13].

Evidence – Witness Testimony – Appellant's conviction based on the testimony of a minor eyewitness (PW-1), who identified the appellant – Defense questioned reliability due to her age – Supreme Court found her testimony credible, supported by other evidence, including recovery of blood-stained clothes and weapons linked to the appellant [Paras 4-6].

Role and Participation – Evidence of appellant’s active role in the crime, including possession of weapons used in the murders and blood-stained clothes, supported conviction – Court held appellant's actions were premeditated and brutal, justifying the death sentence [Paras 10-11].

Sentencing – Death Penalty – Court reiterated principles for awarding death penalty, finding case fell within the "rarest of rare" category – Brutality, premeditation, and the killing of defenseless victims, including children, warranted the death sentence – No mitigating circumstances found [Paras 9-11].

Decision: Appeals dismissed – Conviction and death sentence under Section 396 IPC upheld – Court found no merit in arguments against the reliability of eyewitness testimony or the appropriateness of the death sentence [Paras 12-13].

Arbitration – Bias Allegations – Contractor alleged bias on part of arbitrator, Chief Engineer of the respondent corporation, claiming unfair treatment and procedural irregularities – Supreme Court held that mere apprehension of bias without substantial evidence is not sufficient – Arbitrator's involvement in contract supervision did not disqualify him from acting as arbitrator, as agreed in the contract – Appeal dismissed, arbitration award upheld [Paras 1-33].

Arbitration Procedure – Arbitrator's Appointment – Arbitrator, being the Chief Engineer of the respondent corporation, was appointed as per arbitration clause in contract – Contractor's later objection to the arbitrator's appointment deemed unfounded, as it was not raised initially – Court emphasized that arbitration agreement terms are binding unless a valid ground for exclusion of named arbitrator is established [Paras 1-33].

Reasonable Apprehension of Bias – Court clarified that a reasonable apprehension of bias must be based on tangible evidence – Contractor failed to provide concrete evidence showing bias or misconduct by arbitrator – Allegations considered speculative and insufficient to overturn arbitration award [Paras 1-33].

Decision: Appeal dismissed – Arbitration award affirmed – No costs awarded.

Medical Education – Recognition of Foreign Degrees – Students obtained MBBS degrees from the Bangkok campus of VMRF – Degrees not recognized by the Medical Council of Thailand at the time of awarding – As per Regulation 4(1) of the Screening Test Regulations, 2002, degrees must be recognized in the country where the institution is located for eligibility to appear in India's screening test – Appeals dismissed, upholding the ineligibility of the degrees [Paras 1-14].

Eligibility for Screening Test – Compliance with Regulations – Court emphasized that students must possess primary medical qualifications recognized by the country where the institution is based – VMRF’s Bangkok degrees lacked this recognition – Held that provisional certificates from VMRF Bangkok campus did not fulfill the requirement of primary medical qualification under Regulation 4(1) of the 2002 Regulations [Paras 11-12].

Judicial Review – Previous Cases Distinguished – Appellants’ reliance on Soham Mayankumar Vyas case found inapplicable due to differing factual circumstances – Court maintained stringent adherence to statutory regulations regarding recognition and eligibility criteria [Para 13].

Decision: Appeals dismissed – Students holding MBBS degrees from VMRF’s Bangkok campus declared ineligible for the screening test – No costs awarded.

Civil Services – Unauthorized Absence – Dismissal from Service – Respondent, a medical professional, took leave and went abroad without permission, joined foreign service, and did not respond to the state's notices – Departmental proceedings initiated, resulting in dismissal under Article 311(3) of the Constitution and Rule 18(ii) of Kerala Civil Services Rules – High Court Division Bench's compassionate reinstatement order reversed by Supreme Court – No violation of Articles 14 and 311(3) found [Paras 1-8].

Departmental Inquiry – Justification for Summary Dismissal – Supreme Court held regular departmental inquiry unnecessary due to undisputed facts of misconduct – Respondent failed to offer a valid explanation for unauthorized absence and foreign employment – Action of the State Government in dismissing the respondent justified [Paras 6-7].

Discrimination Claim – Argument of discriminatory treatment compared to other similarly situated doctors rejected – Supreme Court emphasized gravity of respondent's misconduct, noting impact on patient care due to absence of an anesthesiologist – Dismissal held not violative of Article 14 [Para 7].

Delay in Legal Challenge – Supreme Court noted respondent's delay of over two years in filing writ petition challenging dismissal – Held High Court should have dismissed petition on grounds of laches [Para 8].

Decision: Appeal allowed – High Court's judgment set aside – Order of the Single Judge dismissing writ petition restored – No costs awarded.

Preventive Detention – Habitual Offender – Appellant detained under Tamil Nadu Act 14 of 1982 – Grounds of detention based on multiple criminal activities causing public disorder – High Court upheld detention order – Supreme Court dismissed appeal, affirming preventive detention justified due to habitual criminal activity and threat to public order [Paras 1-20].

Public Order vs. Law and Order – Court distinguished between issues of law and order and public order – Held appellant’s activities, including threats and violence with weapons in public spaces, disrupted public order – Supported Detaining Authority's decision under preventive detention laws [Paras 7, 12-13].

Judicial Review – Subjective Satisfaction – Court emphasized limited scope of judicial review over Detaining Authority's subjective satisfaction – Grounds of detention precise, relevant, and justified – Court does not substitute its opinion for that of the Detaining Authority [Para 11].

Non-Application of Mind – Allegation of non-application of mind by Detaining Authority due to reference to bail status dismissed – Detailed examination of bail and criminal records confirmed proper application of mind – High Court and Detaining Authority’s findings upheld [Paras 14-16].

Delay in Representation – Argument of procedural delay in considering detenu's representation rejected – Detenu’s representation considered and rejected by both Government and Advisory Board in a timely manner [Para 16].

Decision: Appeal dismissed – High Court's judgment upholding detention order affirmed – No costs awarded.

Arbitration – Appointment of Arbitrator – Development Agreement between parties included an arbitration clause – Dispute arose, Respondent invoked arbitration and nominated an arbitrator – Petitioner refused to appoint its arbitrator claiming no arbitral dispute – Designate Judge appointed an arbitrator on behalf of Petitioner under Section 11 of Arbitration and Conciliation Act – Supreme Court upheld Designate Judge's decision, stating Petitioner’s right to appoint arbitrator extinguished upon its refusal [Paras 1-40].

Judicial Interpretation – Arbitration Clause – Court reiterated that failure to appoint an arbitrator within stipulated time extinguishes party’s right to do so – Designate Judge correctly exercised power under Section 11(6) of the Arbitration and Conciliation Act – No merit in Petitioner’s argument for opportunity to nominate its arbitrator after initial refusal [Paras 16-19, 39].

Substitution of Arbitrator – Supreme Court rejected Petitioner’s plea for substituting appointed arbitrator with a retired High Court Judge – Held that Designate Judge’s appointment of a senior advocate as arbitrator was appropriate and within legal provisions [Paras 20-25].

Precedent Application – Reference to precedents Union of India v. Bharat Battery Manufacturing Co. (P) Ltd. and National Highways Authority of India v. Bumihiway DDB Ltd. (JV) – Clarified non-applicability of latter case to present circumstances, focusing on specific context of arbitrator appointment [Paras 12-13, 39].

Decision: Special Leave Petition dismissed – Appointment of arbitrator by Designate Judge upheld – Costs of Rs. 1 lakh deposited by Petitioner to be paid to Respondent [Paras 19, 40].

Criminal Procedure – Committal Proceedings – Question of non-compliance with Section 193 of CrPC where a Special Judge directly took cognizance without committal – Earlier decisions (Gangula Ashok, Moly, Vidyadharan) held such trials invalid without committal – Conflict with Bhooraji’s decision which upheld trial’s validity despite procedural lapses if no failure of justice occurred – Supreme Court upheld Bhooraji, emphasizing substance over form in criminal justice [Paras 1-53].

Jurisdiction of Special Court – Scheduled Castes and Scheduled Tribes Act – Special Court under the Act is essentially a Court of Session – It can take cognizance only when the case is committed by a Magistrate – Direct cognizance by Special Court without committal is a procedural lapse, not affecting competence to try unless prejudice or failure of justice is shown [Paras 5-9, 29-52].

Failure of Justice – Evaluation – Error in committal procedure does not per se vitiate trial – Accused must show specific prejudice or failure of justice – Court to consider facts, procedural safeguards, and fairness of trial – Mere procedural irregularity without resulting prejudice does not warrant retrial or setting aside conviction [Paras 30-37, 41-52].

Decision: Bhooraji’s principle affirmed – Moly and Vidyadharan overruled to the extent they mandated retrial or quashing of convictions solely based on non-committal – Appeals to be decided on merits without remanding for retrial [Paras 52-53].