Judicial Service Law - Appointment of District Judges – Interpretation of Article 233(2) – Reference to Constitution Bench – Civil Appeal and Connected Matters – Multiple petitions sought review/clarification of Dheeraj Mor v. High Court of Delhi (2020) 7 SCC 401, wherein a three-judge bench held that only persons not in judicial service are eligible for direct recruitment from Bar as District Judges – Petitioners contended that judicial officers with seven years’ Bar practice prior to joining service should also qualify for Bar quota – Supreme Court held that the issue involves substantial questions of constitutional interpretation requiring hearing by a Bench of at least five judges under Article 145(3) – Matter referred to Constitution Bench [Paras 1–3, 16–24].

Scope of Article 233(2) – Two Key Questions Identified – (i) Whether judicial officers with seven years’ prior Bar practice can be appointed as Additional District Judges against Bar vacancies, and (ii) Whether eligibility is to be assessed at the time of application or appointment or both – Both held to be substantial questions of constitutional law [Para 23].

Effect of Earlier Precedents – Distinction drawn between present issue and Constitution Bench rulings in Rameshwar Dayal v. State of Punjab (1961) 2 SCR 874 and Chandra Mohan v. State of U.P. (1967) 1 SCR 77 – Noted that Dheeraj Mor was decided by three judges despite earlier order indicating reference to Constitution Bench – Such questions under Article 233(2) warrant hearing by five judges [Paras 12–15, 19–21].

Decision – Reference Allowed – Two questions framed and directed to be placed before Constitution Bench of five judges – Registry to place matter before CJI on administrative side – Present petitions to be heard after decision on reference [Para 24].

Criminal Law  – Acquittal in Dowry Harassment and Abetment to Suicide Case – Sections 498A & 306 IPC – Appeal Allowed – Appellants (husband and co-accused) acquitted by trial court in case involving death of wife due to burns allegedly caused by gas leak – High Court, in revision by complainant, set aside acquittal and remitted case for fresh consideration citing non-consideration of dying declaration – Supreme Court held: Revisional court cannot reappreciate evidence as appellate court – Dying declaration stated incident was accidental due to gas regulator left open; no accusation against accused – Statement of deceased’s father alleging threat unsupported by scientific report – Remand would be futile; acquittal restored [Paras 6–11].

Dying Declaration – Evidentiary Value – Statement recorded before doctor indicated gas leak accident affecting entire family – No imputation of homicidal intent – High Court erred in inferring culpability from unrelated statements [Paras 9–10].

Decision – Appeals Allowed – Impugned High Court order set aside – Trial court’s acquittal upheld – Pending applications disposed [Para 11–12].

Matrimonial Dispute – Allegations against Father-in-law – Sections 498A IPC & 3, 4 Dowry Prohibition Act – Quashing under Article 142 – Appellant, father-in-law of complainant, sought quashing of FIR alleging dowry demand and physical assault – FIR lodged nearly two months after alleged incident and after husband filed divorce petition – Complainant and husband divorced in 2021 – Held: Continuation of proceedings serves no purpose post-divorce; allegations against father-in-law not proximate or specific enough to justify trial – FIR and charge sheet quashed [Paras 22–24, 28, 33–34].

Misuse of Criminal Law in Matrimonial Discord – Judicial Caution – Courts must guard against tendency to implicate all in-laws absent clear role – Reference made to precedents emphasising prevention of abuse of process where allegations are general or motivated – Power under Article 142 may be exercised to bring quietus to stale personal disputes [Paras 25–27, 31–33].

Delay and Conduct – Belated FIR – Alleged slapping and dowry demand at railway station not mentioned during prior counselling sessions; complaint lodged after divorce petition filed – Such conduct undermines credibility of accusations and supports inference of counterblast [Paras 22–23].

Decision – Appeal Allowed – High Court’s refusal to quash set aside – FIR No. 58/2019, dated 21.07.2019, and charge sheet quashed qua appellant – Proceedings against father-in-law terminated [Para 34].

Criminal Law - Prevention of Corruption – Demand and Acceptance – Conviction and Sentence – Sections 7 & 13(1)(d) r/w 13(2) of the Prevention of Corruption Act – Appeal Partly Allowed – A-1 (Village Administrative Officer) convicted for demanding and directing acceptance of ₹500/- bribe for issuing community certificate; A-2 (Village Assistant) convicted for accepting bribe on A-1’s instructions – Supreme Court held: Demand and acceptance duly proved against A-1 by PW-1 & PW-2; conviction upheld – Considering offence committed in 2004, small bribe amount, and prolonged trial, sentence reduced to statutory minimum of 1 year for each offence – A-2 never demanded bribe, no proof of connivance, and no charge of abetment; conviction set aside [Paras 15–18, 20–23].

Absence of Abetment Charge – Mere Acceptance on Directions – Conviction Unsustainable – Accepting money on behalf of another may amount to abetment, but in absence of a specific charge and proof of connivance, conviction under Sections 7 & 13 cannot be sustained – Reliance placed on Mahendra Singh Chotelal Bhargad v. State of Maharashtra (1998) 2 SCC 357 [Paras 15–17].

Reduction of Sentence – Article 142 – Court may reduce sentence to minimum prescribed by statute considering mitigating factors without overriding statutory provisions – Long pendency of trial (since 2004) and petty amount justify reduction [Paras 19–22].

Decision – A-1: Conviction affirmed; sentence reduced to 1 year RI for each offence – A-2: Conviction and sentence set aside; acquitted – Appeals disposed accordingly [Paras 22–23].

Company Law - IBC Appeal – Limitation and Filing Requirements – Section 61(2) IBC and Rule 22(2) NCLAT Rules – Appeal Barred – Respondent No. 1 e-filed appeal before NCLAT on 25.07.2023 without certified copy of impugned order or application for condonation of delay – Certified copy applied for only on 23.08.2023 and delay condonation sought on 22.09.2023 – Limitation commenced from date of pronouncement (23.06.2023) and not date of uploading (26.06.2023) – Held: Appeal defective and barred by limitation, NCLAT erred in ignoring mandatory procedural requirements; its judgment on merits set aside [Paras 5-13].

Criminal Law - Sentence – Life Imprisonment Fixed Term – Section 302 IPC – Sentence Complete – Release Mandated – The appellant was sentenced by the Delhi High Court to life imprisonment which was fixed at 20 years of actual incarceration without consideration of remission, affirmed by the Supreme Court – He completed 20 years of actual imprisonment on 09.03.2025 – Held: On completion of the judicially determined fixed term of 20 years, no further application for remission is required – Appellant entitled to immediate release upon completion of sentence, if not wanted in any other case [Paras 2, 13, 15.2, 15.4, 15.6].

Remission – Not Applicable to Fixed-Term Life Sentence – No Further Application Necessary – A convict serving a fixed-term sentence determined by the constitutional courts as a substitute for death penalty cannot be asked to seek remission after serving the full term – Sentence Review Board has no authority to alter or extend a judicially imposed fixed term sentence – Continued incarceration beyond fixed term without legal sanction violates Article 21 of the Constitution [Paras 13, 15.2, 15.4, 15.7].

Remission vs. Completion of Sentence – Distinction Clarified – Remission is a reduction of a sentence before it is fully served and is an executive function – Completion of sentence is a matter of judicial determination when a fixed term is imposed – In the present case, once 20 years without remission was completed, sentence is deemed fully served – No further consideration of remission required [Paras 14–14.7].

Constitutional Mandate – Article 21 – Continued Detention Post-Sentence – Illegal – The Supreme Court held that continuing a convict in jail beyond the completed judicially fixed sentence term violates the fundamental right to personal liberty under Article 21 – Administrative delay or technical objections cannot justify continued incarceration [Paras 15.2, 15.4, 15.5, 15.7].

Judicial Authority – Fixed Term Sentence – Only Constitutional Courts Can Impose – The judgment reiterates that only the High Courts and the Supreme Court can impose fixed term life sentences that are not subject to remission, under their constitutional and appellate jurisdiction – Other courts or executive authorities cannot alter or extend such sentences [Paras 10.9, 11].

Direction to Authorities – Release of Overdetained Prisoners – Implementation of Judgment – Supreme Court directs circulation of this judgment to all State/UT Home Departments and Legal Services Authorities to ensure that no convict is unlawfully detained beyond their sentence – Appropriate action to be taken for release of such individuals, if not wanted in any other case [Para 16].

Decision – Appeal Allowed – Continued incarceration of the appellant post 09.03.2025 held illegal – He shall not be required to surrender after expiry of his furlough period – Authorities directed to treat his sentence as complete and release him if not wanted in any other case [Paras 15.6, 15.7, 16].

Criminal Law – Bail in Multiple FIRs – Clubbing of FIRs – Builder Fraud – Section 420 IPC and Section 138 NI Act – FIRs Clubbed - The petitioner, a director of “Agrani Homes”, faced 81 FIRs by home buyers alleging fraud in collection of Rs.13.94 crore for undelivered flats – Supreme Court held that clubbing of all FIRs was appropriate, treating the first FIR registered on 11.01.2018 at Shastri Nagar Police Station as the main FIR and remaining FIRs as statements under Section 161 CrPC – Held: Clubbing permitted in line with Satinder Singh Bhasin v. State of U.P., 2023 (14) SCC 805 [Paras 1, 15-17].

Bail – Grant of Temporary Bail – Settlement with Home Buyers – Bail Granted - The petitioner, in custody since 14.10.2022, offered to settle dues by depositing Rs.4 crore and undertaking to pay the remaining Rs.9.94 crore within 6 months – Supreme Court, keeping in mind the interests of home buyers, granted temporary bail for six months with stringent conditions including surrender of passport, regular police attendance, and prohibition on property transfer without Court permission [Paras 6, 12-14, 25-26].

Undertaking and Security – Affidavit and Asset Disclosure – Compliance Directed - The petitioner and his son filed affidavits affirming liability, listing assets, and promising compliance with settlement plan – The Court directed that any further FIRs be treated as statements under Section 161 CrPC and prohibited sale of any property without prior approval – Assets to be preserved for the benefit of aggrieved buyers [Paras 18-24].

ED Proceedings – Independent Action by Enforcement Directorate – No Interference - The Court clarified that this order does not affect the powers of the Enforcement Directorate (ED), which may proceed in accordance with law independently of the temporary bail granted [Para 31].

Decision – Temporary Bail Granted – FIRs Clubbed – Settlement Directed - The petitioner was granted temporary bail for six months subject to deposit of Rs.9.94 crore and other conditions – The Court emphasized this indulgence was purely in the interest of home buyers and would be revisited upon non-compliance [Paras 25-30].

Civil Law - Confiscation of Caste Certificate - Caste Verification – Koli Mahadev Tribe – Pre-Independence Documentary Evidence – Higher Probative Value – Appeal Allowed – The appellant’s caste claim was rejected by the Scrutiny Committee and the High Court despite producing a 1943 school admission record showing his grandfather’s caste as Koli Mahadev – Held: Pre-Independence records enjoy greater probative value and cannot be discarded on presumptions – The document was found free from interpolation, corroborated by school records of appellant’s father and uncle – Claim upheld and caste validity certificate directed to be issued [Paras 9–12, 16–17].

Affinity Test – Not a Litmus Test – Cannot Solely Determine Caste Status – While the appellant failed the affinity test, the Court reiterated that migration, modernisation, and societal integration may alter traditional traits – Affinity test may corroborate but not override credible documentary evidence – Claim cannot be rejected solely for lack of traditional ethnological traits [Paras 7–8, 13–14].

Evidentiary Principles – Pre-Independence Records – Greater Weight – Court affirmed that documents predating Independence have higher evidentiary value in caste verification – Such records, if credible, should be preferred over post-Independence evidence – Supported by earlier decisions in Anand and Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti [Paras 7–8, 15].

Decision – Appeal Allowed – Orders of the High Court and Scrutiny Committee set aside – Appellant held to belong to Koli Mahadev Scheduled Tribe – Scrutiny Committee directed to issue Caste Validity Certificate within six weeks [Paras 16–17].

Criminal Law – Appeal Against Conviction – Sections 307, 225, 186, 332, 353 & 120B IPC – Appeal Dismissed – Undertrial escorted by PW.1 & PW.2 was shifted, at appellant (Assistant Superintendent, Central Jail) instance, into a private Qualis with unknown men; near village stop on appellant’s pretext, chilli powder thrown and knife/kirpan used; attempt to free undertrial foiled due to handcuffs; appellant fled uninjured – Trial court conviction and High Court affirmation upheld; sentences concurrent – Held: chain of circumstances establishes conspiracy; single injured eyewitness reliable; Section 319 Cr.P.C. summoning proper [Paras 2–4, 16–18, 19–22].

Section 319 Cr.P.C. – Prior police exoneration no bar – Constitution Bench in Hardeep Singh followed – A person not named in FIR/charge-sheet may be summoned if trial evidence indicates involvement – No need to await cross-examination for 319 – Degree of satisfaction akin to framing charge – Summoning of appellant justified on PW.2’s testimony [Paras 16, 16.1; extracts of Hardeep Singh para 117].

Criminal Conspiracy – Section 120B IPC – Proof by circumstantial evidence – No overt act required – Inference from conduct before/during/after occurrence; concert of purpose suffices – Appellant suggested private vehicle with unknown men, orchestrated stop, remained passive, fled uninjured – Continuous chain of incriminating circumstances proves conspiracy; conviction with aid of 120B sustainable [Paras 17–17.4, 19.1–19.2].

Evidence – Hostile witnesses – Usable parts may be relied upon – PW.1 and driver PW.10 partly hostile, yet narrative on occurrence and roles supports prosecution – Law well settled that hostile testimony is not effaced and credible portions can be acted upon [Paras 14–15, 18–18.3].

Single eyewitness – Section 134 Evidence Act – Conviction can rest on injured eyewitness – PW.2’s account consistent, detailed (seating, stop on “nature call”, chilli powder, knife/kirpan injuries), corroborated by medical evidence; reliability enhanced as injured witness [Paras 12.2–12.3.1, 18.4–18.8].

Attempt to Murder – Section 307 IPC – Intent and weapon use decisive – Knife/kirpan blows and chilli-powder incapacitation during escape attempt indicate premeditated intent – Simple nature of injuries does not negate Section 307 when intention and means established [Paras 12.3–12.3.1, 8.4].

Decision – Appeal Dismissed – Conviction and sentences affirmed; no mitigating factor; appellant to be taken into custody; sentences to run concurrently [Paras 19–22].