Criminal Law – PMLA – Quashing at Pre-Trial Stage – Alternate Remedy – ECIR did not name appellants and CBI dropped them in supplementary report – ED complaint rests on alleged withdrawal of attached sums (post-PAO) linked to an identified quantum ₹33,80,87,617/- claimed as proceeds of crime – Held: With statutory appeals under Section 26 PMLA pending and PMLA being a self-contained mechanism, interference to quash cognizance is unwarranted – Issues whether the attached amount is “proceeds of crime” and effect of withdrawals are for Appellate Tribunal – Appeals disposed of; liberty to pursue statutory remedies; no costs [Paras 33-41].

PMLA – Provisional Attachment & Confirmations – Statutory Scheme – Court reiterates that Section 5 (provisional attachment), Section 8 (confirmation), and Section 26 (appeal) comprise a comprehensive adjudicatory path – Constitutional/appellate jurisdiction ordinarily not exercised where efficacious remedy exists and is actively pursued [Paras 34-35].

PMLA – Proceeds of Crime – Scope and Identification – Core question is confined to whether the specified sum ₹33.80 crore (unpaid consideration for iron ore supplied by AMC) is “proceeds of crime” and whether its post-PAO withdrawals constitute an offence under Section 3 – Apprehension that entire banking operations are tainted is misplaced where payments were through regular channels and in the books; determination falls within Tribunal’s domain [Paras 37-38].

Criminal Procedure – Cognizance & Summons – Where allegations are confined to recovery of quantified amount and do not presently fasten wider criminal liability, apprehension of arbitrary prosecution is misplaced – No ground made out to quash cognizance or interdict proceedings at this stage [Para 39].

Practice & Procedure – Writ/Appeal vs. Statutory Forums – Court declines to prejudge issues pending before Appellate Tribunal; proceedings may continue uninfluenced by observations in the judgment; appeals disposed of with liberty; no order as to costs [Paras 40-42].

Decision: Appeals disposed – No interference with ED proceedings/cognizance at this stage – Appellants at liberty to pursue PMLA appeals – No costs – Pending applications disposed [Paras 40-43].

Public Interest Litigation – Road Safety – Pedestrian Protection – Directions Issued – Supreme Court takes cognizance of alarming rise in road accident deaths (1.72 lakh in 2023 including 35,000 pedestrians) – Court issues detailed directions on five key aspects: (i) pedestrian footpaths, (ii) pedestrian crossings, (iii) mandatory helmet use, (iv) prevention of wrong-lane driving, and (v) control of dazzling LED lights and unauthorised red–blue strobes and hooters – States, UTs and NHAI to ensure implementation of IRC:103–2022 and MOHUA accessibility norms, enforce helmet and lane-discipline laws, and curb misuse of lighting and sirens [Paras 6, 11, 28, 30–35.17].

Pedestrian Infrastructure – Footpaths – IRC Guidelines Compliance – Directions issued for footpath audits in 50 major cities and NHAI corridors to identify deficiencies in width, height, surface, and encroachments – Authorities to prioritise accident-prone and high-footfall areas (markets, schools, transit hubs) – Audit findings to guide repairs, retrofitting, and enforcement drives using GIS and camera-based monitoring – Dedicated Accessibility and Pedestrian Cells to be established in urban local bodies for implementation and monitoring [Paras 35.1–35.5].

Pedestrian Crossings – Safety and Accessibility – Authorities directed to audit and retrofit pedestrian crossings with high-visibility zebra markings, illumination, CCTV coverage, panic buttons, and barrier placements – Raised crossings and traffic-calming measures mandated near schools and hospitals – New crossings to be designed per IRC:103–2022 with signalisation, audible cues, and tactile paving – NHAI and cities to create new crossings where heavy pedestrian movement exists (including Delhi High Court–Zoo crossing) within 7 months [Paras 35.2–35.9].

Grievance Redress and Accountability – Online grievance portals to be set up by PWDs, NHAI, and Municipal Authorities for complaints on encroachments, non-maintenance of footpaths, and lack of crossings – Complaints to be addressed within fixed time – DRSCs to review pedestrian safety monthly – Officials and contractors liable under Section 198A MV Act for deaths arising from road design failures [Paras 35.10–35.12].

Helmet Enforcement – Sections 128, 129 & 194D MV Act – Court directs strict enforcement of helmet laws for drivers and pillion riders – E-enforcement through automated cameras and data reporting to Court – States/UTs to submit statistics on challans, fines and licence suspensions – Non-compliance to attract contempt and monitoring [Paras 28–29, 35.13].

Lane Discipline – Sections 184 & 206 MV Act – Wrong-lane driving and unsafe overtaking to be checked by automated cameras, fines, rumble strips, coloured lane markings, and tyre killers at intersections – Real-time dashboards on violations suggested for deterrence and transparency [Paras 30–32, 35.14].

Traffic Hazards – Dazzling LED Headlights and Unauthorised Hooters – MoRTH and States to set luminance and beam-angle limits for headlights – Ban on sale/use of unauthorised red–blue strobes and sirens – Enforcement through vehicle fitness checks, seizures and penal action – Nationwide awareness campaigns directed on glare hazards and misuse of emergency lights [Paras 33–35.15].

Statutory Rulemaking – Sections 138(1A) and 210D MV Act – All States/UTs directed to frame rules within six months regulating access of pedestrians and non-mechanised vehicles and ensuring road design and maintenance standards for non-National Highways [Paras 35.16–35.17].

Constitutional Law – Right to Safe Mobility – Article 21 – Court reiterates pedestrians’ right to safe, unobstructed movement and directs removal of encroachments from footpaths and pavements – Reaffirms Olga Tellis v. BMC, Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan, Sudhir Madan v. MCD, and M.C. Mehta v. UOI – Violation of pedestrian safety treated as infringement of life and dignity [Paras 24–25].

Monitoring and Compliance – Supreme Court to review implementation after 7 months – States, UTs, NHAI to file progress reports on audits, enforcement, and rule framing – Appreciation recorded for Amicus Curiae Mr. Gaurav Agrawal for decade-long assistance in advancing pedestrian safety jurisprudence [Paras 35.10, 36–37].

Decision:

Comprehensive directions issued to Union and State Governments, NHAI, and Municipal Authorities to implement pedestrian infrastructure safety audits, enforce helmet and lane discipline, curb unauthorised lights and hooters, and frame statutory rules within six months under the Motor Vehicles Act – Matter to be listed after seven months for compliance review.

Criminal Law – Remission / Premature Release – Categorisation under 2010 Guidelines – Life convict initially directed to be released after 24 years by applying Category 4(d) (murder jointly with another with premeditation) – Held: On facts, offence arose from perceived protection of family prestige (love affair involving appellant’s sister) and falls under Category 3(b) – Entitled to consideration after 22 years [Paras 2, 4-6]

Sentence Remission – Time Undergone – Custody certificate showed 20 years 7 months 8 days as on 30.09.2024 – Court noted custody now almost 22 years, short of three months – Directed release forthwith, three additional months would serve no penological purpose [Paras 6-7]

Sentencing – Youthful Offender Consideration – Appellant was just past 18 years on date of crime – Factor weighed in favour of immediate release [Para 7]

Appeal – Outcome – Appeal allowed – Direction to release appellant forthwith – Pending applications disposed [Paras 8-9]

Decision: Appeal allowed – Appellant to be released forthwith if not required in any other case.

Administrative Law – Judicial Overreach – High Court’s Power in Writ Jurisdiction – Directions issued by the High Court for refixation of licence fee and initiation of vigilance enquiry in a writ petition filed by the appellants against enhancement of licence fee held to be beyond the scope of the lis – High Court erred in travelling beyond pleadings and rendering appellants worse off in their own writ petition – Such directions passed without notice to affected parties violate principles of natural justice [Paras 20–23, 25–26, 29–30].

Writ Jurisdiction – Principles of Natural Justice – Party cannot be taken by surprise by directions not forming part of the pleadings – If Court intends to consider additional issues, parties must be given prior opportunity – Reaffirmed in V.K. Majotra v. Union of India (2003) 8 SCC 40 and State of U.P. v. Mohammad Naim (1964) 2 SCR 363 [Paras 23–25].

Litigant’s Rights – No Prejudice by Invoking Court’s Jurisdiction – A litigant seeking redressal cannot be placed in a worse-off position by approaching court – Courts must avoid orders that aggravate the grievance of a party invoking jurisdiction – Ashok Kumar Nigam v. State of U.P., (2016) 12 SCC 797 and Pradeep Kumar v. Union of India, (2005) 12 SCC 219, followed [Paras 26–27].

Judicial Discipline – Restraint in Observations – Courts must avoid sweeping directions or remarks that may impinge on reputation or rights without foundation in pleadings or evidence – Judicial pronouncements must be guided by justice, fairness, and moderation [Paras 24–25, 28–29].

Decision – Appeals partly allowed – High Court’s directions ordering fixation of licence fee under T. Krishnakumar and vigilance enquiry quashed – High Court judgment otherwise upheld – Appellants to pay arrears of licence fee as undertaken [Paras 30–32].

Motor Accident – Insurer’s Liability – Pay and Recover – Tribunal and High Court exonerated insurer from liability due to absence of valid driving licence with the driver – Supreme Court invoked “pay and recover” principle on basis of consistent jurisprudence – Relied on Rama Bai v. Amit Minerals (2025 SCC OnLine SC 2067), Shamanna and Parminder Singh where insurance companies were directed to pay compensation and recover from vehicle owners – Held: Even where driver lacks valid licence, insurer must first compensate third-party victims and may then recover the amount from the insured-owner [Paras 7–10].

Public Procurement – Tender Eligibility – State-specific Past Performance – Condition requiring bidders to have supplied sports goods worth ₹6 crores cumulatively to Chhattisgarh State agencies in the last three years held arbitrary and discriminatory – Creates an artificial barrier and closes the market to otherwise competent bidders from outside the State – Violates Articles 14 and 19(1)(g); lacks rational nexus with the object of securing quality sports kits at best price – High Court orders and tender notices quashed – Liberty to re-tender [Paras 13-14, 17-23].

Judicial Review of Tender Conditions – Courts will not rewrite eligibility terms unless action is arbitrary, discriminatory or mala fide – Applied to strike down the impugned condition for want of rational nexus to the procurement objective and for disproportionate impact on competition [Paras 15-17, 22].

Level Playing Field – Embedded in Article 19(1)(g) – State cannot skew the market by erecting State-specific experience filters – Past performance may be insisted upon for similar contracts irrespective of location; confining eligibility within one State is irrational and disproportionate [Paras 16, 18-20].

Justification Rejected – Maoist-affected-State rationale untenable – Procurement is for sports kits (not security sensitive) – Only some districts are affected – Non-local bidders can deploy local logistics partners; exclusion of outsiders is unjustified [Para 21].

Corrigendum & Scope – With deletion of other impugned conditions during pendency, the contest narrowed to Condition No. 4 (past performance in Chhattisgarh) – High Court upheld it by analogy with Association of Registration Plates; Supreme Court distinguishes and reverses [Paras 8-9, 5, 22].

Relief – Impugned High Court orders dated 11.08.2025 and 12.08.2025 and tender notices dated 21.07.2025 set aside – Respondents at liberty to issue fresh NITs [Para 23].

Criminal Law – Murder Conviction – Acquittal – Appellants convicted under Sections 302, 201 and 120-B IPC for the murder of a 10-year-old boy based on circumstantial evidence – Trial Court relied on testimonies of PW-2 (claimed to overhear a conspiracy), PW-3 and PW-4 (last seen witnesses) – High Court affirmed the conviction holding the chain of circumstances complete – Supreme Court held that material omissions in FIR, absence of forensic link, lack of proper identification, and unreliable witness testimonies broke the chain of circumstances – Circumstantial evidence found insufficient to prove guilt beyond reasonable doubt – Held: Prosecution failed to establish an unbroken chain of circumstances pointing exclusively to the guilt of the accused [Paras 1–6, 26–56]

First Information Report – Omission of Accused Names – Appellants Nazim and Aftab not named in the FIR lodged by PW-1 despite being allegedly known to him – FIR named six other persons with whom PW-1 had enmity – No explanation for later implication of Appellants – Supreme Court held such omission a material contradiction, weakening the prosecution case – Reliance placed on Ram Kumar Pandey v. State of M.P. regarding relevance of omissions under Section 11 of Evidence Act – Names of appellants introduced at a later stage raised suspicion of false implication [Paras 2, 12, 29–30]

Witness Testimony – PW-2's Testimony on Conspiracy – PW-2, scribe of FIR, claimed he overheard a conspiracy at a marriage feast – Did not disclose it in FIR or to PW-1 – Suppressed information during search and recovery – Marriage feast date contradicted by defence witnesses – Supreme Court held that conspiracy claim was highly improbable, belated, and appeared to be an afterthought – Testimony lacked credibility and could not be relied upon to prove motive or conspiracy [Paras 13, 31–33]

Identification of Accused – Failure to Conduct Test Identification Parade (TIP) – PW-3 and PW-4 identified the appellants for the first time in court – PW-3 admitted he did not previously know the accused – No TIP conducted – Supreme Court held dock identification without TIP inadmissible where witnesses were unfamiliar – Reference made to P. Sasikumar v. State – Such identification deemed unreliable [Paras 14, 34–43]

Last Seen Theory – Weakness of Circumstantial Link – PW-3 allegedly saw deceased with accused at 11 a.m., PW-4 saw accused in the evening – Body recovered next morning – Time gap too wide to exclude third-party intervention – No continuity in presence or proximity to time of death – Supreme Court held last seen evidence too weak to sustain conviction without corroboration – Cited State of U.P. v. Satish, Hatti Singh v. State of Haryana, Krishan Kumar v. State of Haryana – Last seen theory applied incorrectly in absence of proximate temporal link [Paras 14–15, 44–47]

Scientific Evidence – Inconclusive DNA and Forensic Reports – Axe and rope recovered from scene but not examined initially – Sent to FSL only during High Court appeal – DNA report inconclusive; no match to accused – Axe never properly tested – Supreme Court held such neutral or exculpatory evidence could not be brushed aside – Conviction cannot rest solely on unreliable ocular testimony when scientific evidence does not support prosecution case – Cited Padman Bibhar v. State of Odisha [Paras 17, 49–53]

Motive – Absence of Proven Motive – Prosecution alleged motive of revenge for insult to sister of co-accused – No evidence led to establish this – No direct grudge against child – Supreme Court held vague or speculative motive insufficient in circumstantial evidence case – Cited Kali Ram v. State of Himachal Pradesh – Benefit of doubt must be given [Paras 18, 54]

Juvenility – Claim Based on School Records and Medical Board – Juvenile Justice Board rejected based on electoral roll – Supreme Court noted JJ Rules require preference to school records – Did not adjudicate issue in view of acquittal but noted improper rejection as indicative of lack of full reappreciation by courts below [Paras 19, 55]

Decision: Appeal allowed – Conviction and sentence under Sections 302, 201 and 120-B IPC set aside – Appellants Nazim, Aftab and Arman Ali acquitted – Bail bonds and sureties discharged – Held: Prosecution failed to prove its case beyond reasonable doubt – Circumstantial evidence incomplete and inconsistent with guilt – [Paras 56–59]

Criminal Law – Quashing of FIR – Section 498-A IPC – Dowry Harassment – Vague and General Allegations – FIR filed by complainant alleging dowry demands and mental cruelty by in-laws – Specific demand mentioned only once in complaint; other allegations vague and lacking particulars – Held: Allegations in FIR did not disclose essential ingredients of cruelty as required under Explanation to Section 498-A – No prima facie case made out to warrant prosecution of in-laws – FIR against appellants quashed [Paras 8-10].

Criminal Law – Offences under Sections 377 and 506 IPC – Allegations restricted to complainant’s husband – No specific allegations against in-laws – Held: Complaint solely implicated husband in charges of unnatural sex and criminal intimidation – No basis to prosecute in-laws under Sections 377 and 506 IPC – Proceedings against appellants quashed [Paras 11].

Criminal Procedure – Power under Section 482 CrPC – Abuse of Process – Applicability of Bhajan Lal Guidelines – FIR containing omnibus allegations with no specific role assigned to appellants – Continuation of proceedings against in-laws would amount to abuse of process – Supreme Court invoked inherent powers to quash proceedings following principles in State of Haryana v. Bhajan Lal [Paras 12-13].

Decision: Appeal allowed – FIR and criminal proceedings under Sections 498-A, 377, and 506 read with Section 34 IPC quashed as against appellants – Clarified that proceedings against complainant’s husband (accused No.1) to continue independently on merits.

Criminal Procedure – Delay in Compliance of Supreme Court Order – Jurisdiction of Trial Court – Supreme Court had directed the Judicial Magistrate, 4th Court, Alipore to dispose of case AC-2053/2017 within six weeks from order dated 18.01.2024 – Judicial Magistrate, upon failing to conclude trial in time, passed order on 19.03.2024 declaring loss of jurisdiction due to lapse of time – Supreme Court expresses displeasure – Held: Judicial Officer cannot abdicate jurisdiction merely due to expiry of time fixed by Supreme Court – Proper course was to seek extension of time from higher court [Paras 4–6].

Judicial Conduct – Accountability – Supreme Court directs District Judge concerned to seek written explanation from the Judicial Magistrate – To report back to Supreme Court within one month explaining reasons and circumstances under which the Magistrate concluded he lacked jurisdiction – Directions issued to ensure proper procedural compliance and judicial discipline [Para 6].

Condonation of Delay – Delay in filing modification application condoned – Petitioners granted two weeks’ time to file detailed response explaining delay in conclusion of trial proceedings [Paras 1, 7].

Decision: Delay condoned – Registry directed to forward copy of order to relevant authorities – District Judge to obtain explanation from concerned Magistrate and submit report within one month – Petitioners allowed two weeks to file response.