Bail – Criminal Conspiracy – Appellant’s bail application rejected by High Court, citing involvement in conspiracy to murder an RTI activist – Supreme Court examines parameters for bail in non-bailable offences, emphasizing the need to consider nature of accusation, evidence, severity of punishment, and potential for evidence tampering [Paras 15-18].

Conspiracy – Evidence and Investigation – Supreme Court acknowledges the complexity of proving conspiracy, often relying on circumstantial evidence – Reviews relevant case law on conspiracy and concludes that sufficient prima facie evidence exists to justify further investigation by CBI, as directed by High Court [Paras 21-23].

Fresh Investigation by CBI – Impact on Bail – Supreme Court notes High Court’s dissatisfaction with the initial investigation and its order for CBI to conduct a comprehensive investigation – Finds it inappropriate to grant bail until the CBI completes its investigation [Paras 25-26].

Decision: Appeal disposed of – Bail application denied pending CBI investigation – Appellant granted liberty to reapply for bail post-investigation or if High Court’s order for fresh investigation is annulled [Paras 26-27].

Preventive Detention – Validity and Necessity – Detention order challenged on the basis that the appellant was already in custody, and the detention authority did not consider this – Supreme Court finds the order valid, as the detenu was granted bail and could have been released at any time, posing a continued risk [Paras 7-10].

Compelling Necessity – Justification – Supreme Court reaffirms that the subjective satisfaction of the detaining authority justifies the detention – Rejects the argument of absence of compelling necessity due to the detailed grounds provided in the detention order [Paras 8-11].

Retraction Statements – Reliance and Relevance – Argument that the detention authority relied on retraction statements without considering confessional statements rejected – Supreme Court notes the retraction statements were mentioned only for completeness, not as a basis for the detention order [Paras 12-13].

Delay in Judicial Proceedings – Supreme Court emphasizes the need for expeditious disposal of cases affecting personal liberty, criticizes the five-month delay in the High Court's decision, and urges all High Courts to prioritize such matters [Paras 14-15].

Decision: Appeal dismissed – Supreme Court upholds the detention order, finding it consistent with legal requirements and justified under the COFEPOSA Act [Para 16].

Public Interest Litigation – Investigation of Bomb Blast Cases – Petitioners sought a committee headed by a retired Supreme Court judge to investigate all bomb blast cases since 2002 – Supreme Court finds the request for such a broad investigation inappropriate, as it would create a parallel body lacking statutory sanction and could lead to chaos and confusion in ongoing criminal proceedings [Paras 8-10].

Legal Remedies for Accused – Adequacy and Availability – Supreme Court notes that existing legal frameworks and safeguards under the Criminal Procedure Code and other statutes are sufficient to address claims of false implication – Emphasizes that individuals can seek further investigation or legal relief through established judicial processes [Paras 9-11].

Legal Aid – Accessibility and Assurance – Highlights the effective functioning of Legal Services Authorities, ensuring that individuals involved in criminal proceedings can access free legal aid, negating the need for extraordinary measures as requested by the petitioners [Para 11].

Decision: Writ petition dismissed – Supreme Court rejects the request for the formation of a special committee, asserting that existing legal mechanisms are adequate to address the petitioners' concerns [Paras 12].

Representing Advocates:

For the Appellant: A. Sharma, Syed Mehdi Imam, Atif Suhrawardy, Tarbez Ahmed, and Somesh Jha

Criminal Law – Conviction Under Section 149 IPC – High Court upheld conviction under Sections 302 and 148 IPC but acquitted three co-accused, reducing the number of accused below the threshold required for Section 149 IPC – Supreme Court holds that with less than five accused, Section 149 IPC cannot be applied, but conviction can still be sustained under Section 34 IPC if evidence shows common intention [Paras 14-19].

Witness Testimony – Reliability of Related Witnesses – Testimonies of closely related witnesses (brothers of the deceased) were scrutinized and found credible and consistent – Supreme Court emphasizes that related witnesses' evidence should be examined carefully but not discarded solely based on relationship [Paras 9-10].

Non-Examination of Material Witness – Supreme Court dismisses contention that non-examination of key witness (pillion rider) adversely affects the prosecution’s case, noting that defense did not raise this concern during cross-examination of the Investigating Officer [Para 11].

Decision: Appeal dismissed – Supreme Court upholds the conviction of the appellants under Section 302 IPC, replacing Section 149 IPC with Section 34 IPC, and reaffirms the reliability of the eyewitness testimonies and the compatibility of medical evidence with the prosecution's case [Paras 20].

Land Acquisition – Public Purpose – Compliance with Statutory Requirements – Petitioners challenged the acquisition of land for Phase-III of the Rajiv Gandhi Chandigarh Technology Park on grounds of inadequate compliance with Sections 4, 5A, and 6 of the Land Acquisition Act – Supreme Court finds acquisition valid, noting proper adherence to statutory provisions and sufficient justification for public purpose [Paras 25-27].

Environmental Concerns – Impact Assessment – Arguments presented that acquisition would adversely affect the environment and violate environmental laws – Supreme Court emphasizes the importance of environmental protection but upholds acquisition, recognizing the adequacy of environmental safeguards in place and future plans for compliance [Paras 29-31].

Delegation of Powers – Validity of Notifications – Petitioners contested the delegation of powers for land acquisition to the Adviser to the Administrator – Supreme Court upholds the delegation, confirming that the Adviser acted within his authority as per the applicable notifications and statutory framework [Paras 27-29].

Decision: Appeals dismissed – Supreme Court upholds the land acquisition for Phase-III of the Rajiv Gandhi Chandigarh Technology Park, finding no legal infirmities in the process and ensuring compliance with environmental and statutory requirements [Para 32].

Arbitration – Appointment of Arbitrators – Appellants challenged the procedure adopted by the Calcutta High Court wherein Designate Judges considered applications under Section 11 of the Arbitration and Conciliation Act, 1996, in a piecemeal manner – Supreme Court holds that the entire application must be decided by either the Chief Justice or a Designate Judge, and not split between multiple judges – This ensures a single, consistent judicial order [Paras 13-18].

Judicial Authority – Role and Functions – Supreme Court reiterates that the power exercised by the Chief Justice or his designate under Section 11(6) of the Act is judicial and cannot be split into separate adjudicatory and appointing functions – The decision on preliminary aspects such as the existence of an arbitration agreement and the validity of the claim must be made by the same authority that appoints the arbitrator [Paras 15-17].

Precedents and Legal Consistency – The Court clarifies that previous Calcutta High Court judgments allowing a bifurcated process are overruled to the extent they conflict with the established principle that judicial power under Section 11 must be exercised in its entirety by a single authority [Para 17].

Decision: Appeals allowed – Impugned orders set aside – Arbitration petitions remanded to the Calcutta High Court for reconsideration by either the Chief Justice or a Designate Judge in accordance with the correct legal procedure [Paras 18].

Murder – Conviction Under Section 302/149 IPC – Appellants challenged their conviction, arguing lack of specific overt acts and suggesting private defence – Supreme Court upholds the conviction, finding that the prosecution's evidence, including the presence of armed appellants and the nature of injuries inflicted, sufficiently established the common object of the unlawful assembly to commit murder [Paras 8-21].

Common Object – Unlawful Assembly – Supreme Court reaffirms that individual liability under Section 149 IPC does not require specific overt acts by each member – Participation with a common object to commit the crime is sufficient – The common object in this case was demonstrated by the armed assault resulting in the death of Amarjit Singh and injuries to others [Paras 9-14].

Witness Testimony – Reliability and Sufficiency – Supreme Court emphasizes that not all witnesses need to be examined – Key witnesses who unfold the prosecution narrative are sufficient – Rejects defence argument regarding non-examination of some witnesses as immaterial to the case's core [Paras 12-13].

Self-Defence – Rejection of Plea – Defence of private defence dismissed – Supreme Court notes the absence of injuries on the accused party and the presence of premeditated armed aggression – Upholds findings of lower courts that the accused were the aggressors, negating any claim of self-defence [Paras 15-16].

Decision: Appeals dismissed – Supreme Court upholds the conviction and sentence imposed on the appellants, finding no merit in the arguments for reducing the offence to culpable homicide or individualising the guilt under lesser sections of the IPC [Paras 21].

Juvenility – Determination and Recognition – Supreme Court elaborates on the procedure to recognize claims of juvenility raised at various stages, emphasizing that such claims can be made even after final disposal of cases – Juvenile Justice (Care and Protection of Children) Act, 2000, and the Rules of 2007 mandate an inquiry when such claims are prima facie credible [Paras 7, 19, 35-36].

Inquiry into Age – Evidence and Procedure – Courts must follow Rule 12 of the 2007 Rules for determining age, prioritizing documentary evidence like school certificates and birth records; in their absence, medical opinions are to be considered – Physical appearance and affidavits alone are not usually sufficient to trigger an inquiry unless compelling reasons are presented [Paras 20, 38-44].

Retroactive Application – Beneficial Legislation – Section 7A of the 2000 Act has retrospective application – Claims of juvenility must be addressed even if raised post-conviction or in appeal stages – Courts must ensure beneficial provisions are not defeated by procedural technicalities [Paras 24, 25, 27, 35-36].

Standard of Proof – Initial Burden and Prima Facie Case – While initiating an inquiry, the burden is on the claimant to provide prima facie evidence – The court must balance the need for a thorough examination with the need to prevent abuse of the process by frivolous claims [Paras 30-31, 36].

Decision: Appeals allowed in part – Supreme Court directs the concerned lower courts to reconsider the claims of juvenility following the guidelines set forth, ensuring adherence to Rule 12 of the 2007 Rules and the principles of the 2000 Act – Prior orders not in conformity with these principles are set aside [Paras 37, 46].

Murder – Reclassification to Culpable Homicide – Appellants argued for reclassification of the offence from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 IPC – Supreme Court examines applicability of Exception 4 to Section 300 IPC, requiring the act to be committed without premeditation, in a sudden fight, in the heat of passion, and without taking undue advantage or acting in a cruel or unusual manner [Paras 5-6].

Sudden Quarrel – Absence of Threat – Evidence indicated that the incident stemmed from a sudden quarrel, but the Appellant No. 1, after being given a knife by Appellant No. 2, stabbed the unarmed deceased – Court holds that the Appellants took undue advantage and acted in a cruel manner, disqualifying the case from Exception 4 to Section 300 IPC [Paras 6-8].

Decision: Appeal dismissed – Conviction under Section 302 read with Section 34 IPC upheld – Supreme Court finds that the nature of the attack and the circumstances did not warrant reclassification to culpable homicide not amounting to murder [Para 9].