Criminal Law – Anticipatory Bail – Section 438 of CrPC – Whether anticipatory bail can be granted to a person already in custody for a different offence – Held, an accused can apply for anticipatory bail in relation to a different offence while in custody – Supreme Court clarifies that arrest in one offence does not preclude arrest for another, and formal arrest can be made even while the accused is in custody in another case – No express bar in CrPC on anticipatory bail for those already in custody – [Paras 20-70]. 

Constitutional Law – Article 21 – Right to Liberty and Anticipatory Bail – The Supreme Court emphasized that the right to apply for anticipatory bail is a statutory right, rooted in the protection of personal liberty under Article 21 – Rejection of the argument that being in custody eliminates the humiliation and loss of dignity caused by subsequent arrests – The right to anticipatory bail cannot be extinguished merely because the person is already in custody for another offence – [Paras 58-64]. 

Judicial Precedent – Contradiction in High Court Rulings – Rajasthan, Allahabad, and Delhi High Courts ruled that a person in custody cannot apply for anticipatory bail in a different offence – Supreme Court disapproved of this view, citing errors in the reasoning and potential misuse by investigative agencies – The Court followed earlier rulings allowing formal arrest in different offences even while in custody – [Paras 37-53]. 

Decision – Appeal Dismissed – The appeal was dismissed, holding that anticipatory bail can be sought even by a person in custody for another offence – The High Court was directed to decide the application on merits – [Paras 67-69]. 

Criminal Procedure – Quashing of Summons under Prevention of Money Laundering Act (PMLA) – Appellants sought quashing of summons issued by Directorate of Enforcement (ED) under Section 50 PMLA – Supreme Court held that the provisions of PMLA, being a self-contained code, prevail over the Code of Criminal Procedure (CrPC) – Summons issued under Section 50 are valid, and appellants are bound to appear – No territorial jurisdiction limit under Section 50, PMLA [Paras 1-3, 13-21].

Jurisdiction and Procedure – ED’s Summons – Appellants challenged summons requiring them to appear in Delhi despite their domicile being Kolkata – Court held that Section 50 PMLA does not provide for territorial limitations, and proceedings under PMLA are governed by special procedure overriding CrPC – Summons for personal appearance in Delhi upheld – Appellants required to comply [Paras 5-10, 20-21].

Constitutional Law – Right to Life and Liberty under Article 21 – Challenge to Summons under PMLA based on violation of Article 21 rejected – Court found procedure under PMLA to be fair and reasonable – Summons for personal appearance in inquiry does not violate rights under Article 20(3) or Article 21 of the Constitution [Paras 18-19].

Decision – Dismissal of Appeals – Held – Appeals dismissed as meritless – Summons issued under Section 50 PMLA are legally valid, and appellants are bound to comply – No constitutional rights violated, and procedural safeguards under PMLA upheld [Paras 22-23].

Suo Motu Criminal Revision – High Court Powers Under Section 397 CrPC – The petitioner challenges the Madras High Court’s decision, which invoked its suo motu criminal revision powers under Section 397 of the CrPC, to interfere with a final closure report filed by the DVAC – Held: The High Court overstepped by effectively directing the framing of charges, a power that lies with the Special Judge under Section 227 CrPC – The closure report should be weighed along with earlier investigation reports, and the Special Judge is to decide whether to proceed with the trial or discharge the accused [Paras 2, 7-10].

Assignment of Case – Violation of Madras High Court Rules – The petitioners argued that, as per Rule XIV of the Madras High Court Rules, the suo motu revision should have been assigned to a Division Bench, but it was handled by a Single Judge – Held: This alleged violation must be addressed, as the Chief Justice is the Master of the Roster and assignment to the Division Bench would be necessary for MPs/MLAs cases [Paras 4-5].

Section 227 CrPC – Powers of the Special Judge – The petitioners submitted that the Special Judge is required to consider whether sufficient grounds exist to frame charges based on the materials presented, including the closure and earlier investigation reports – Held: The High Court's direction to the Special Court to frame charges bypassed this procedure, undermining the Special Judge’s role under Section 227 CrPC [Para 6].

Reports Under Section 173(8) CrPC – Reliance on Vinay Tyagi Precedent – The petitioners relied on the Vinay Tyagi v. Irshad Ali decision, which held that all investigation reports, including supplementary reports under Section 173(8), must be considered cumulatively before framing charges – Held: The High Court erred by treating the final closure report as a supplementary report and directing the Special Court to frame charges without proper consideration of the reports [Paras 9-10].

Decision:

Notice issued, returnable in four weeks. Dasti notice to be served on the Standing Counsel for the State. In the meantime, the operation of the impugned judgment of the Madras High Court is stayed.

Consumer Law – Filing of Written Statement – Appellant’s Right Foreclosed – The National Consumer Disputes Redressal Commission (NCDRC) foreclosed the Appellant’s right to file a written statement in response to the complaint due to the failure to submit it within the 45-day statutory period – The Appellant argued that the delay was due to the non-receipt of the complaint copy, as the counsel had only appeared based on the cause list and accepted notice without being served with the complaint – Held: The Supreme Court allowed the appeal, stating that the foreclosure was too harsh, given that the complaint copy had not been served with the notice – The Appellant was granted time to file the written statement with costs imposed [Paras 1-9].

Consumer Law – Limitation for Filing Written Statement – New India Assurance Case – The Respondents argued that under the New India Assurance Company Limited v. Hilli Multipurpose Cold Storage Pvt. Ltd. ruling, the limitation period of 45 days begins from the date of notice, and the Commission rightly foreclosed the right of the Appellant – The Supreme Court, however, noted that without the service of the complaint copy, the limitation period could not have commenced – Therefore, the Appellant was granted additional time to file the written statement, subject to payment of costs [Para 9].

Decision – Allowing Time to File Written Statement – The Supreme Court set aside the NCDRC order and permitted the Appellant to file the written statement by 14/10/2024, with the Respondents to file their replication and affidavit of evidence thereafter – The Appellant was directed to pay ₹1,00,000 as costs to each of the Respondents as a condition precedent for the acceptance of the written statement [Paras 9-12].

Service Law – Termination – Probationer – Whether termination of a judicial officer during probation can be retrospectively reinstated – Held, once the termination order is set aside, the employee is deemed to be in service and is entitled to reinstatement and back wages – Supreme Court directs the High Court and the State to reinstate the appellant into service and award full salary from April 20, 2022, to the date of fresh termination on April 2, 2024, along with 50% back wages for the period from December 17, 2009, to April 19, 2022 – [Paras 1-45].

Judicial Process – Delay in Compliance with Court Orders – The Supreme Court expressed concern over the delayed action taken by the High Court and the State in not reinstating the appellant after its earlier judgment, despite setting aside his termination – Court notes that no decision was taken to reinstate the appellant or pay arrears during this period, warranting relief – [Paras 12-22].

Administrative Action – Reconsideration by the Full Court – The Full Court of the High Court, when reconsidering a termination, must offer detailed reasoning rather than reiterating prior conclusions – The lack of a speaking order and failure to give proper consideration are noted as serious lapses – [Paras 23-30].

Back Wages – Entitlement of Employee after Set-Aside of Termination – The Supreme Court clarifies that while reinstatement entitles an employee to salary from the date of the Court’s judgment, partial back wages (50%) are appropriate for the period preceding the judgment, reflecting fairness and balancing of interests – [Paras 33-44].

Criminal Law – Investigation by CBI – Death in Suspicious Circumstances – The appellants, family members of the deceased, challenged the closure of the investigation which treated the death as a suicide. They alleged bias and influence by respondent no. 7, the deceased’s husband, a senior judicial officer. The post-mortem report showed six ante-mortem injuries, raising suspicion. The High Court dismissed the writ petition, advising the appellants to approach a Magistrate under Section 156(3) Cr.P.C. – Supreme Court held that considering the position of respondent no. 7 and the allegations of bias, an independent investigation by the CBI was warranted to ensure justice and transparency [Paras 1-12].

Powers of Constitutional Courts – Transfer of Investigation to CBI – The Court reiterated that the power to direct a CBI investigation should be exercised sparingly and only in exceptional cases where credibility of the investigation is in question. Relying on previous rulings, including State of West Bengal v. Committee for Protection of Democratic Rights (2010), the Court observed that the present case merited such direction due to the involvement of a senior judicial officer and suspicious circumstances surrounding the death [Paras 13-25].

Decision: Appeal allowed – The Court set aside the High Court's order and directed the CBI to conduct a thorough and fair investigation into the death of Ms. Ranjana Diwan. The CBI was instructed to submit its report to the Court. If sufficient evidence is found, the CBI may register an FIR; otherwise, it may close the case. The State of Chhattisgarh is directed to cooperate fully with the CBI during the investigation [Paras 26-30].

Consumer Law – Deficiency in Service – Real Estate Dispute – The appellant sought a refund for failure by the Agra Development Authority (ADA) to provide possession of a residential apartment due to construction deficiencies, including the absence of a completion certificate and firefighting clearance. The NCDRC granted a partial refund but limited interest to the date of filing the complaint. The Supreme Court held that ADA's failure to obtain the necessary certificates rendered its offer of possession legally invalid, and thus the appellant was entitled to further compensation for the delay in possession [Paras 1-20].

Limitation and Jurisdiction in Consumer Disputes – ADA argued that the complaint was time-barred and beyond the pecuniary jurisdiction of the NCDRC. The Court rejected these arguments, applying Sections 18 and 19 of the Limitation Act, which extended the limitation period due to ADA's acceptance of payments and issuance of reminders. Further, the Court held that the NCDRC had pecuniary jurisdiction as the claim, including compensation for mental agony and harassment, exceeded Rs. 1 crore [Paras 21-40].

Compensation for Delay in Possession – The Court found that both the appellant and ADA were responsible for delays in the transaction. While the appellant delayed in making payments, ADA failed to provide the completion certificate, making its offer of possession invalid. As such, the Court awarded additional compensation of Rs. 15,00,000 to the appellant, in addition to the refund and interest from the date of the complaint [Paras 41-50].

Decision: Appeal of the appellant partly allowed – Refund of the deposit along with 9% interest per annum from the date of the complaint, plus additional compensation of Rs. 15,00,000.

ADA's appeal dismissed – The arguments regarding limitation and pecuniary jurisdiction were found to be without merit.

Service Law – Repatriation of Employees – After the bifurcation of Andhra Pradesh, APSRTC employees were repatriated to their parent zones under TSRTC – High Court quashed the repatriation orders and directed permanent allocation to deputational posts – Supreme Court held that the High Court’s reliance on Section 77 of the Andhra Pradesh Reorganisation Act, 2014 was misplaced – Section 82 governs the allocation of employees of Public Sector Undertakings (PSUs), and guidelines for allocation had already been finalized [Paras 9-14].

Section 82 of the Andhra Pradesh Reorganisation Act – Governs allocation of PSU employees post-bifurcation – APSRTC’s Agenda Note of August 2017 clarified that Class III and Class IV employees should be allocated to the respective corporations where the region falls – Supreme Court affirmed that the respondents, who were deputed temporarily, should report to their parent zones under TSRTC as per these guidelines [Paras 11-13].

Judicial Review – High Court erroneously applied principles related to government employees under Section 77 to PSU employees – Supreme Court set aside the High Court’s judgment and directed that the employees continue their service in their parent zones [Paras 10-17].

Decision: Appeal allowed – High Court judgment dated November 21, 2019, quashed – Repatriation orders upheld – Respondents to report to their parent zones under TSRTC as per the finalized guidelines [Paras 17-18].

Child Custody – Habeas Corpus Petition – Custody of Minor Child under Article 226 – Supreme Court’s Decision to Restore Custody to Maternal Family – Custody to be decided under Guardians and Wards Act (GW Act) – The Supreme Court held that the Madhya Pradesh High Court erred in ordering the custody of a minor child (2 years, 7 months old) to her father and paternal grandparents through a Habeas Corpus petition, without considering the child’s welfare. The Court stressed that such matters should be decided under the GW Act through appropriate proceedings. Interim custody remained with the maternal family pending further orders from a competent court. Access was granted to the father and grandparents under supervised conditions [Paras 1-16].

Welfare of the Child – Best Interest Doctrine – The Court reiterated that the welfare of the minor child should be the paramount consideration in custody disputes. The High Court’s focus on the father’s right as the natural guardian, without considering the child’s welfare, was set aside. The Court stressed that child custody could not be mechanically determined based on legal rights alone, and humanitarian considerations must guide the Court’s decision-making [Paras 6, 9-10].

Decision – Remand and Dismissal of Habeas Corpus Petition – The Supreme Court dismissed the Habeas Corpus petition but allowed the appeal partially by restoring interim custody to the maternal family and directing the parties to seek appropriate remedies under the GW Act. Access to the father and grandparents was allowed under the supervision of the District Legal Services Authority. The arrangement was made flexible to ensure the best interests of the child and would be subject to modification by the competent court [Paras 14-16].

Appeal partly allowed; High Court's order set aside. The Court directed the concerned parties to file custody petitions under the GW Act, while maintaining interim arrangements for supervised access to the child by her father and grandparents [Para 15].