VidhiSangh

Supreme Court of India · 16/08/2022

SANDEEP ALIAS KALA versus SUPREME COURT OF INDIA

[2022] 18 S.C.R. 468 · 2022 INSC 835

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Summary

The petitioner, acquitted of murder at trial, was convicted and sentenced to life imprisonment by the High Court on the State's appeal. His statutory appeal to this Court under Section 2(a) of the Enlargement of Criminal Appellate Jurisdiction Act, 1970 was dismissed in limine without reasons, as was his review. Under Article 32 he challenged the 1981 deletion of the rule allowing ex parte summary dismissal of such appeals, and the absence of guidelines in the 2013 Rules. The Court held that the deletion implemented, not departed from, the Constitution Bench ruling in Sita Ram. In appeals under Article 134(1)(a) or (b) or Section 2 of the 1970 Act, the rule is notice, records and reasons, and summary dismissal is an exception. Having been decided on the judicial side, the petitioner's own appeal could not be reopened under Article 32. The petition was disposed of.

Issues

  1. Whether the 1981 deletion of Order XXI Rule 15(1)(c) of the Supreme Court Rules, 1966, permitting ex parte summary dismissal of appeals as of right in criminal cases, was contrary to Sita Ram v. State of U.P.
  2. Whether the absence of guidelines in the 2013 Rules for preliminary hearing of such appeals makes them unconstitutional, and what procedure governs these appeals.

Provisions considered

Held

Result

Writ petition disposed of, with the declaration that the Sita Ram principles of notice, records and reasons govern appeals under Article 134(1)(a) or (b) and Section 2 of the 1970 Act. The petitioner is left to pursue other remedies in law.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 468.