Constitution of India, 1950—Article 31(1) and 14—Validity of Cut-off Date in Pension Policy—A cut-off date in a government order introducing pension benefits for a previously non-pensionable entity is not arbitrary or discriminatory merely because it creates two classes of retirees—those retiring before and after the date—provided the classification is based on a reasonable rationale and is not capricious or whimsical—When implementing a new pension scheme with financial implications, the government has the discretion to fix such a date, and unless it is demonstrated that the classification is wholly unreasonable or violative of Article 14, judicial interference is unwarranted—In the present case, the Division Bench allowed an appeal and set aside the writ court’s judgment, upholding the val...

Arms Act, 1959—Sections 7 and 27—Acquittal in a Terrorist Attack Case—Limited Scope of Appellate Intervention—An appellate court in a criminal acquittal appeal has a restricted scope of review and will not interfere unless the trial court’s decision is perverse, contrary to the evidence, or unsustainable in law—In cases based on circumstantial evidence, the prosecution must establish a complete and unbroken chain of events that conclusively prove the guilt of the accused beyond a reasonable doubt—In the present case, the Division Bench dismissed a State appeal against the acquittal of respondents accused in a terrorist attack case—The trial court had acquitted the accused, finding no cogent proof of conspiracy, and the appellate court concurred, observing that the prosecution’s evidenc...

Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—Bail—Interim bail can be granted on humanitarian grounds despite statutory restrictions, particularly when an appeal is pending and there are exceptional circumstances—While Section 37 of the NDPS Act imposes stringent conditions on the grant of bail in cases involving commercial quantities of narcotics, courts may consider granting interim bail or suspending a sentence on humanitarian grounds, particularly when an appeal is pending and the convict’s presence is urgently required due to exceptional circumstances—Humanitarian considerations, such as the serious illness of a close family member, can warrant a temporary release, provided there is no likelihood of misuse or flight risk—In the present case, the High Court allowed interim a...

Penal Code, 1860 (IPC)—Sections 341—Preventive Detention—Non-consideration of bail orders granted in FIRs forming the basis of detention renders the order unsustainable—Failure of detaining authority to apply mind vitiates subjective satisfaction—Preventive detention is an exceptional measure, requiring strict adherence to procedural safeguards and a well-founded subjective satisfaction by the detaining authority—Any failure to consider material facts, such as bail orders granted to the detenu in cases forming the basis of the detention order, amounts to non-application of mind, rendering the detention order legally unsustainable—In the present case, the petitioner challenged a preventive detention order issued under the Public Safety Act, contending that the detaining authority failed to consider...

Rehbar-e-Khel Scheme—Interpretation of “Hailing from a Concerned Physical Education Zone”—Residence vs. Area of Origin—Validity of Selection—Under the Rehbar-e-Khel Scheme, the eligibility criterion of “hailing from a concerned Physical Education Zone” does not mandate actual and physical residence within that zone but rather requires the candidate to belong to that area—The interpretation of this requirement is crucial in determining the validity of selections under the scheme—In the present case, the appellant challenged the selection of a candidate under the Rehbar-e-Khel Scheme, arguing that the selected candidate did not reside within the specified zone—However, the Single Judge upheld the selection, interpreting the phrase “hailing from” as indicating a co...

Constitution of India, 1950—Article 22(5)—Preventive Detention—Unexplained Delay in Execution—Non-Supply of Essential Material—Subjective Satisfaction of Detaining Authority—Habeas Corpus—Article 22(5) of the Constitution mandates that a person detained under preventive detention laws must be furnished with the grounds of detention and the material relied upon to enable them to make an effective representation against the detention order—An unexplained and unreasonable delay in the execution of a detention order casts doubt on the genuineness of the detaining authority’s subjective satisfaction, as it contradicts the urgency inherent in preventive detention—Further, the non-supply of essential documents relied upon for detention, such as FIRs and witness statements, violates the ...

Constitution of India, 1950—Article 14 and 21—Preventive Detention—Vague Grounds—Subjective Satisfaction of Detaining Authority—Habeas Corpus—The principles of fairness and reasonableness enshrined in Articles 14 and 21 of the Constitution mandate that grounds of detention under preventive detention laws must be clear, specific, and provide sufficient particulars to enable the detenue to make an effective representation against the detention order—A detention order based on vague, ambiguous, or general allegations deprives the detenue of the constitutional safeguard of effective representation and vitiates the subjective satisfaction of the detaining authority—In the present case, the High Court allowed a habeas corpus petition and quashed a detention order passed under the Jammu and Kashmir...

Service Law—Pension—Recovery of Excess Payment—Family Pensioner—Humanitarian Grounds—Intra-court appeal allowed against Writ Court order permitting Bank to decide recovery of excess pension from widow of deceased government servant—Appellant, a 77-year-old renal patient, had received excess family pension amounting to ₹2,32,707 between August 2005 and May 2009 due to respondent’s own error—No fraud, misrepresentation, or fault attributed to appellant—Recovery sought without prior notice, after 13 years—Writ Court had left matter to be decided by Bank under RBI Circular dated 17.03.2016, which was later withdrawn by RBI—Appellate Court held that recovery from appellant, a widowed, ailing pensioner with no other income, would be unduly harsh and inequitable—Applied Cl...

Criminal Procedure Code, 1973 (CrPC)—Section 410—Circumstantial Evidence in Murder by Poison—Necessity of a Complete and Unbroken Chain of Evidence—In cases of murder by poison, where the prosecution relies entirely on circumstantial evidence, it is imperative to establish a complete and unbroken chain of evidence that unequivocally points to the guilt of the accused while excluding all other reasonable hypotheses—The burden lies on the prosecution to prove that the circumstances are consistent only with the accused’s culpability and inconsistent with any other conclusion—In the present case, the High Court allowed a criminal appeal and set aside the conviction of the appellant for murder by poisoning—The court noted that the prosecution’s case rested on circumstantial evidence, includ...

Arbitration and Conciliation Act, 1996—Section 8—Mandatory Reference to Arbitration and Requirement of an Independent Arbitrator—Under Section 8 of the Arbitration and Conciliation Act, 1996, a judicial authority must refer parties to arbitration if a valid arbitration agreement exists and a party applies for arbitratio n no later than submitting its first statement on the substance of the dispute—A preliminary objection raised in a written statement regarding arbitration constitutes such an application—However, the arbitrator must be independent and impartial, and cannot be an official of one of the disputing parties—In the present case, the High Court disposed of an appeal challenging the trial court’s refusal to refer the dispute to arbitration—The respondents had invoked the arbitration ...