Criminal Law – Section 498A IPC – Quashing of Proceedings – Absence of Statutory Ingredients – Held: FIR and charge sheet alleged non-cohabitation and emotional neglect after marriage – No allegation of conduct likely to cause suicide or grave injury – No harassment for unlawful demand made out – Allegations insufficient to constitute cruelty under either Explanation (a) or (b) to Section 498A IPC – FIR and charge sheet quashed [Paras 21–25].

Criminal Procedure – Inherent Powers – Quashing under Section 482 CrPC – Principles Reiterated – Power to quash should be used sparingly to prevent abuse of process or secure ends of justice – When FIR and charge sheet do not disclose a cognizable offence, continuation of criminal proceedings is unjust – High Court erred in rejecting petition without notice or proper reasoning [Paras 9, 13, 18, 26].

Family Law – Marital Discord – Dowry Allegation – FIR filed nearly 5 years after marriage – Rs. 5 lakh allegedly given at time of marriage, but no subsequent demand or coercion alleged – Alleged mental harassment due to lack of communication or affection not covered under ‘cruelty’ as defined in Section 498A – Proceedings amount to misuse of process [Paras 22–25].

Decision: Appeal allowed – FIR and charge sheet under Section 498A IPC quashed – Proceedings terminated [Paras 27–28].

Criminal Law – Attempt to Murder (Section 307 IPC) – Right of Private Defence – When accused fired two gunshots at complainants during a family dispute, plea of self-defence rejected – Evidence proved that complainants had only come to remonstrate about accused’s conduct – No aggression or provocation by complainants – Held: Plea of private defence unsustainable [Paras 12–14, 16].

Arms Act, 1959 – Section 27 (Unamended) – Possession and use of licensed gun for unlawful purpose – Even lawful possession of arms becomes punishable when weapon is used for “unlawful purpose” – Conviction under Section 27 valid; amendment to Section 27 subsequent to incident inapplicable [Paras 17–19].

Probation and Leniency – Sections 360 & 361 CrPC and Probation of Offenders Act, 1958 – Relief not automatic – Not applicable in cases of grave offence involving gunfire causing multiple injuries – High Court already reduced sentence from 3 years to 1 year – Held: No further leniency warranted [Paras 21–24].

Sentence – Reduction and Concurrency – Sentence of one year rigorous imprisonment under Section 307 IPC and one year under Section 27 of Arms Act to run concurrently – Fine enhanced from ₹1,500 to ₹15,000 with default sentence of one year [Paras 5, 15].

Result: Both appeals dismissed – Conviction and sentences upheld – Bail cancelled [Paras 25–26].

Constitutional Law – Scheduled Tribes – Land Restoration – Validity of Repealing Act – Kerala Act 12 of 1999 challenged for overriding Kerala Act 31 of 1975 which provided for restoration of alienated tribal land – High Court held 1999 Act to be colourable and struck it down – Supreme Court reversed – Held: 1999 Act enacted under Entry 18, List II; hence within State legislative competence – Doctrine of colourable legislation inapplicable as motive irrelevant when legislative competence exists [Paras 65–77].

Fundamental Rights – Article 14 – Allegation that 1999 Act was arbitrary and discriminatory by excluding restoration of non-agricultural land and limiting restoration to land above two hectares – Rejected – Held: Legislature had broad policy objective in enacting beneficial provisions like allotment, housing, and grant-based support instead of restoration – Classification between agricultural and non-agricultural land upheld as valid [Paras 136, 191–192].

Fundamental Rights – Article 21 – Right to habitat and rehabilitation – Argument that denial of restoration violated right to life and culture of tribals – Rejected – Held: No absolute right to original land – Benefits under 1999 Act ensured alternate land and housing, thus satisfying rehabilitation standards – Right under Article 21 not violated [Paras 153–169].

Interpretation of Statutes – Repeal and Revival – Section 22 of 1999 Act repealed the 1975 Act – High Court held repeal invalid and ordered restoration of the earlier Act – Reversed – Held: When repealing statute is constitutionally valid, earlier law does not revive automatically – Section 6 of the General Clauses Act applies – 1999 Act contains saving clauses – Only inconsistent provisions stood repealed [Paras 173–190].

Mandamus and Legislative Override – High Court directions for implementing 1975 Act not equivalent to conferring a vested right – Held: Issuance of writ of mandamus directing implementation of law cannot create an indefeasible right immune from legislative repeal – Mandamus in this case merely directed statutory compliance – Distinguished from Madan Mohan Pathak case [Paras 92–117].

Vested Rights – Restoration of Tribal Land – Held: Right of restoration under 1975 Act not a vested or constitutional right – Such right was conditional on completion of process including compensation – Absence of payment or final orders meant right was inchoate – State could validly modify or extinguish it by enacting new legislation [Paras 118–127, 135].

Beneficial Legislation – Comparison of 1975 and 1999 Acts – 1999 Act provides broader welfare measures including land allotment, housing, grants instead of loans, and legal aid – Held: While restoration to original land was curtailed, overall scheme of 1999 Act was more beneficial to tribal population when seen holistically [Paras 143–152].

International Law – Tribal Rights – Reference to ILO Convention 107 and UN Declaration on Rights of Indigenous Peoples – Held: Though not binding, international norms inform constitutional values – However, State action in providing alternate land and benefits was within permissible limits – No violation of international obligations [Paras 155–157].

Decision: Appeals allowed in part – Judgment of High Court set aside to the extent it invalidated 1999 Act – Kerala Act 12 of 1999 held constitutionally valid except in regard to non-agricultural lands – Earlier 1975 Act not revived – State directed to provide suitable agricultural land to tribals in line with legislative promise – Allotments must be of similar quality and completed expeditiously [Paras 193–194].

Service Law – Departmental Enquiry – Scope of Judicial Review – Standard of Proof – Held, High Court justified in interfering where findings of disciplinary authority were perverse, unsupported by evidence and based on conjecture – Judicial review permissible when enquiry suffers from violation of natural justice or statutory provisions – Findings must rest on legally admissible evidence and reasons must be recorded objectively [Paras 19, 29–31].

Railway Services (Conduct) Rules, 1966 – Rule 3 – Lack of Devotion to Duty and Unbecoming Conduct – Employee (Cashier) charged with travelling in First Class without entitlement, refusing disbursement of wages, playing cards with RPF staff, and demanding commission – Enquiry Officer held all charges proved – Held, conduct alleged did not amount to misconduct under Rule 3; mere error of judgment, indecisiveness, or lack of tact cannot be equated with moral delinquency or insubordination – Misconduct must involve breach of discipline or corruption [Paras 11–14, 32].

Departmental Enquiry – Vague and Unspecific Charges – Serious Charge of Corruption – Demand of 1% Commission – Held, charge vague, unparticularised, and unsupported by direct evidence – Witnesses deposed only on hearsay; none identified the person allegedly asked to pay commission – Such charge of quasi-criminal nature must be proved to the hilt and cannot rest on probabilities – Enquiry based on vague charges stands vitiated – Surath Chandra Chakrabarty v. State of West Bengal and Sawai Singh v. State of Rajasthan relied on [Paras 16, 26–28, 31].

Natural Justice – Specific and Definite Charges – Requirement – Held, delinquent employee must be informed clearly of the precise nature of allegations to mount effective defence – Charge-sheet without detailed statement of imputations invalid – Absence of clear particulars violates natural justice and renders enquiry void [Paras 26–27].

Misconduct – Proof and Evidence – Finding based on no evidence or on irrelevant considerations is perverse – Suspicion cannot substitute for proof – Every lapse, inefficiency or lack of leadership cannot constitute misconduct – Findings of fact must be grounded on admissible material – Held, Enquiry Officer relied on non-existent material and ignored relevant records; findings unsustainable [Paras 19, 29–31].

Charge-wise Findings – Charge No. 1 (travelling in First Class) – Employee deputed to carry cash; entitled to travel First Class for safety reasons; not misconduct. Charge No. 2 (refusal to disburse payment) – Justified as per Railway circular prohibiting disbursement exceeding ₹500 without presence of Gazetted Officer; conduct not wrongful. Charge No. 3 (playing cards with RPF personnel) – Trivial; no nexus with duties; does not fall within Rule 3. Charges Nos. 4 & 5 (refusal to accept control memo) – Partially proved; at most a case of minor indiscipline. Charge No. 6 (demanding commission) – Based on hearsay; vague; not proved. [Paras 11–16, 19–23, 31].

Corruption – Punishment – Principle of Proportionality – Held, in cases of proved corruption, dismissal is the only appropriate punishment, but when charge itself unproved, penalty unsustainable – Punishment must always correspond with the gravity of misconduct – Reliance placed on Municipal Committee, Bahadurgarh v. Krishan Behari, Ruston & Hornsby (I) Ltd. v. T.B. Kadam, Janatha Bazar v. Secretary, Sahakari Noukarara Sangha, K.S.R.T.C. v. Hullikatti and Divisional Controller, N.E.K.R.T.C. v. H. Amaresh [Paras 24–25].

Principles of Fair Enquiry – Enquiry must adhere to statutory procedure and principles of natural justice – Charges to be specific and supported by evidence – Findings to be objective, not conjectural – Distinction drawn between proof and suspicion – Perversity, vagueness, or non-application of mind vitiates disciplinary action [Para 29].

Equitable Relief – Delay and Lapse of Time – Respondent under suspension since 1980 and had reached superannuation long before disposal of appeal – Considering prolonged harassment, Court directed final closure of proceedings – Ordered payment of 50% back wages and all retiral benefits to respondent – Arrears of retiral dues to carry 9% interest if not paid within 3 months [Paras 33–35].

Decision: Appeal dismissed – High Court judgments affirmed – Findings of guilt on Charges Nos. 1, 2, 3, and 6 set aside as perverse and unsupported by evidence – Charges Nos. 4 & 5 treated as minor lapses not warranting punishment – Disciplinary proceedings declared concluded – Appellants directed to pay 50% back wages and full retiral benefits with 9% interest within three months [Paras 33–35].

Criminal Law - Corruption – Illegal Gratification – Sections 7 and 13(1)(d) r/w Section 13(2), Prevention of Corruption Act, 1988 – Demand Not Proved – Appellant, a clerk in RTO office, allegedly demanded Rs. 25 for issuing driving licence – Trap arranged but complainant not examined during trial – No explanation by Investigating Officer for complainant’s absence – Evidence of demand and acceptance not independently corroborated – Held: Conviction unsustainable in absence of proof of demand – Mere recovery of tainted money not sufficient to establish guilt [Paras 12–13, 19, 23].

Presumption – Section 20 of PC Act – Applicability – Court cannot draw presumption of guilt under Section 7 unless demand is established – Presumption under Section 20 discretionary when alleged gratification is trivial – Rs. 25 considered too minor to infer corruption in absence of reliable evidence – Held: Presumption wrongly invoked – Offence under Section 7 not proved [Paras 21–22].

Criminal Trial – Failure to Examine Material Witness – Complainant not produced – No reason given by prosecution for non-examination – High Court wrongly supplied justification in absence of record – Held: Prosecution failed to produce best evidence – Conviction based on speculative inference and doubtful testimony – Appellant entitled to benefit of doubt [Paras 12, 17–18, 24].

Decision: Appeal allowed – Conviction and sentence set aside – Fine, if paid, to be refunded – Bail bonds cancelled [Para 24].

Criminal Procedure – Anticipatory Bail – Interim Bail – Article 21 – Petitioners sought anticipatory bail which was refused by High Court – Supreme Court upheld refusal but clarified the legal position that courts hearing regular bail applications possess inherent power to grant interim bail pending final disposal – Held: Right to liberty and reputation is part of Article 21 – Requiring an accused to go to jail while awaiting hearing of bail application causes unnecessary prejudice and irreparable harm to reputation – Courts should, therefore, exercise inherent power to grant interim bail in appropriate cases [Paras 3–4].

Judicial Powers – Inherent Power to Protect Liberty – Courts have discretion to grant interim bail during pendency of a bail application to avoid undue deprivation of liberty – Power flows from constitutional mandate under Article 21 – Discretion to be exercised judiciously depending on facts of each case [Paras 3–4].

Bail – Procedure – When an accused surrenders and applies for regular bail, the court may not immediately dispose of the matter due to procedural requirements like obtaining case diaries – Held: In such circumstances, court may grant interim bail on the same day pending final decision to protect liberty and reputation of the applicant [Paras 4–5].

Decision: Special Leave Petition disposed of – No interference with High Court’s order – Petitioners permitted to surrender and apply for interim bail pending final disposal of bail application, which the trial court shall consider and decide on the same day [Paras 5–6].

Railway Accident – Untoward Incident – Compensation – Death of passenger due to robbery and fall from train – Tribunal awarded maximum compensation under Section 124A of the Railways Act but denied interest except on default after 45 days – Supreme Court held that right to compensation accrues from date of incident, and in absence of specific statutory bar, interest can be awarded from date of application – Tribunal and High Court erred in denying interest except for default clause – Held: Claimants entitled to interest @6% p.a. from date of application till award and 9% p.a. thereafter till payment [Paras 7, 23–25]

Interest – Discretion of Court – No express provision for interest in Railway Acts – Power to grant interest traced to Section 3 of the Interest Act, 1978 and Section 34 CPC – Court has inherent power to award interest as compensation for denial of money due – Interest not merely discretionary where deprivation of funds for long duration is involved – Held: Tribunal’s failure to grant interest was unjustified and contrary to established law [Paras 13–19]

Statutory Interpretation – Award of Interest – Payment of interest on money decrees is well-recognised judicial practice even in absence of statutory provision – Based on equitable principle that the person denied use of money deserves compensation – Held: Interest must be awarded unless barred or excluded by contract or statute [Paras 14–17]

Arbitration Law – Applicability of Interest Principles – Court relied on four-stage principle of interest in money decrees: pre-suit, pendente lite, post-award till decree, post-decree till realization – Though cases cited related to arbitration, principle held applicable to compensation claims – Held: Interest is not barred where claim is delayed due to no fault of the claimant [Paras 20–22]

Decision: Appeal allowed – Tribunal and High Court orders modified – Appellants entitled to interest @6% p.a. from date of application till date of award, and 9% p.a. thereafter till realization – Respondents to pay Rs. 25,000 as costs [Paras 25–26]

Criminal Law – Death Penalty – Rarest of Rare – Commutation – Bachan Singh Doctrine Reaffirmed – Appellant convicted of kidnapping and dismembering a friend’s body after murder for ransom – Sessions and High Courts imposed death penalty considering brutality and role of mastermind – Supreme Court holds that mitigating factors such as youth, no past criminal record, and potential for reform were overlooked – Reiterates: Death penalty must only be imposed when life imprisonment is unquestionably foreclosed – Held: Not a rarest of rare case – Death penalty commuted to life imprisonment [Paras 153–180].

Criminal Procedure – Approver’s Testimony – Validity of Pardon – Section 307 CrPC – Objection raised against the pardon granted to co-accused Kumar Gaurav (PW-1) – Court holds that Sessions Court’s power to grant pardon under Section 307 CrPC is independent and not subject to compliance with procedural provisions under Section 306(4) CrPC – Order of pardon held legal – Evidence of approver admissible and relied upon [Paras 26–43].

Criminal Procedure – Sentencing Process – Section 235(2) and 354(3) CrPC – Requirement of Special Reasons – Court emphasizes need for bifurcated sentencing hearing and recording of special reasons before awarding death penalty – Notes that sentencing courts failed to consider offender-centric mitigating factors and followed inconsistent application of rarest of rare principle – Sentencing discretion must be exercised judiciously and proportionally [Paras 177–179].

Constitutional Law – Articles 14 and 21 – Arbitrary Application of Death Penalty – Doctrine of Proportionality – Reaffirms that capital sentencing engages highest standards of fairness and non-arbitrariness – Court warns against judge-centric or mechanical sentencing – Emphasizes that information regarding socio-economic background, possibility of reform and circumstances of the convict must be considered [Paras 121–151].

Judicial Process – Public Opinion – Irrelevant in Death Sentencing – Public outrage or societal demand cannot form basis for death penalty – Sentencing must be guided by constitutional and legal principles, not emotional or media pressure – Judges are not "oracles of public opinion" [Paras 82–86].

Comparative Jurisprudence – International Developments – Death Penalty – Relies on jurisprudence from UK, Caribbean, South Africa and the US to highlight evolving global standards requiring individualized sentencing and abolition of mandatory death penalties – Cases like Reyes, Fox, Bowe, Makwanyane cited [Paras 53, 140–142].

Decision: Appeal partly allowed – Conviction upheld – Death sentence set aside – Appellant sentenced to rigorous imprisonment for life – State’s appeal for enhancement of sentence of co-accused rejected [Para 180].

Service Law – Deputation – Absorption – Advance Increment – Deputationists from State Government absorbed into FCI challenged denial of one advance increment granted to similarly placed Central Government employees – High Court allowed the claim – Supreme Court upheld High Court’s view – Held: Once absorbed, both Central and State deputationists were governed by the same FCI Staff Regulations, particularly Regulation 81 – Discrimination between two sets of similarly placed employees is impermissible under Article 14 [Paras 4-6, 15-18, 24-28]

Constitutional Law – Equality Before Law – Article 14 – Unjustified differentiation between similarly situated employees – Central and State deputationists absorbed into FCI had same duties, qualifications, and status post-absorption – Denial of increment to only one class violates Article 14 – No valid classification shown [Paras 16, 18, 24-28]

Administrative Law – Discretionary Powers – Regulation 81 confers discretion on FCI to grant increment to employees with two years' prior service – Held: Once discretion is exercised in favour of one group, denial to another similarly placed group is arbitrary – Court may issue mandamus where statutory discretion is exercised unequally [Paras 6-8, 23-25]

Civil Procedure – Constructive Res Judicata – Order 2 Rule 2 CPC – Bar not applicable – Earlier writ did not raise this issue as absorption grade was not confirmed – Fresh cause arose post-absorption – Representations were pending – Hence writ not barred [Paras 19-22]

Delay and Laches – Held: No delay – Writ filed in 1997 after Supreme Court clarified absorption grade in 1996 – Respondents acted promptly – Claim not barred by laches [Paras 20, 22]

Equal Pay for Equal Work – Inapplicable – Issue not about job similarity but unequal application of Regulation 81 – Court held that right to increment arose from statutory regulation, not abstract equality doctrine – Case did not involve qualitative work comparison [Paras 28-29]

Decision: Appeal dismissed – Respondents entitled to one advance increment under Regulation 81 of FCI Staff Regulations – No costs.