NDLI: Sandeep Alias Kala Vs. Supreme Court of India

Sandeep Alias Kala Vs. Supreme Court of India

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Sandeep Alias Kala Vs. Supreme Court of India

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	(b) 1978 – Supreme Court Rules Supreme Court Rules 1966 – Or. XXI 1981 – Supreme Court (Amendment) Rules r.15–Supreme Court (2nd Amendment) Rules 21– Constitution of India – Article 134(1)(a) 2013 – Or.XX rr.5(1)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Petition Disposed Off
Headnote	Supreme Court Rules, 1966 – Or. XXI, r. 15–Supreme Court (2nd Amendment) Rules,1981 – Supreme Court (Amendment) Rules,1978 – Supreme Court Rules, 2013 – Or. XX, rr. 5(1),21– Constitution of India – Article 134(1)(a), (b) – Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 – s. 2(a)– Code of Criminal Procedure, 1973 – s. 379 – Appeals u/Article 134(1)(a) or (b) or s. 2 of the Enlargement of Jurisdiction Act, modalities to be followed –Acquittal of the petitioner of the charge of committing offences punishable u/s. 302 r/w s. 34, IPC was reversed by High Court and he was sentenced to suffer imprisonment for life – Conviction and sentence imposed upon the petitioner attained finality following the dismissal of the appeal as well as the review petition by Supreme Court – Present petition filed inter alia seeking a declaration that the deletion of clause (c) & (d) from sub-rule (1) of r. 15 of Or. XXI of the 1966 Rules was contrary to the law laid down by the Constitution Bench in Sita Ram v State of Uttar Pradesh reported as [1979] 2 SCR 1085– Held: The primary reason for deleting the provisions of r. 15(1)(c) of Or. XXI was that the sub-rule, as it was framed, envisaged that certain categories of appeals would be put up for hearing ex parte when it was open to the Court to either dismiss summarily or, as the case may be, direct the issuance of notice – In view of the decision of the Constitution Bench in Sita Ram case that the issuance of a notice must follow, the Full Court decided to delete r. 15(1)(c) of Or. XXI – The 1966 Rules have since given way to the 2013 Rules –Or. XX thereof contains provisions with respect to the procedure for preliminary hearing of certain categories of criminal appeals before Supreme Court – r. 5(1) of Or. XX indicates the categories of appeals which, on being registered, shall be put up for hearing ex parte but does not cover appeals falling u/Article 134(1)(a) or (b) or s. 2 of the Enlargement of Jurisdiction Act – Hence, and even otherwise as a matter of precept, the principles laid down by the Constitution Bench in Sita Ram case must govern the procedure to be followed while disposing of appeals u/Article 134(1)(a) or (b) or s. 2 of the Enlargement of Jurisdiction Act – Ordinarily in all such appeals, notice must be issued – While disposing of the appeal, it is only appropriate and proper that the Court must record reasons– The object and intendment of the deletion of r. 15(1)(c) of Or. XXI of the 1966 Rules was to ensure that such appeals are not disposed of summarily ex parte without the issuance of a notice – The deletion must be so construed as to give effect to the fundamental postulate underlying the judgment of the Constitution Bench in Sita Ram case–Further, the deletion of a provision in the 2013 Rules akin to r. 15(1)(c) of Or. XXI of the 1966 Rules should not be interpreted to confer an uncharted discretion to dismiss an appeal of that description summarily at an ex parte hearing without the issuance of a notice – Principles propounded in Sita Ram continue to hold effect and guide preliminary hearing of certain categories of criminal appeals u/Or. XX, including Or. XX, r. 21 of the 2013 Rules – In the present case, the appeal filed by the petitioner u/s. 2(a) of the Enlargement of Jurisdiction Act r/w s. 379, CrPC was listed before Supreme Court for a preliminary hearing and was dismissed in limine– The judgment dismissing the appeal does not evidently furnish reasons – The difficulty in granting any relief to the petitioner in these proceedings is that an appeal having been dismissed on the judicial side and a review having been since dismissed against that judgment, it would not be open for this Court while exercising jurisdiction u/Article 32 of the Constitution to issue any contrary direction – Petitioner at liberty to pursue the remedies available in law – Principles of Natural Justice – Constitution of India – Article 21.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2022 INSC 835
Petitioner	Sandeep Alias Kala
Respondent	Supreme Court Of India
SCR	[2022] 18 S.C.R. 468
Judgement Date	2022-08-16
Case Number	143

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