Summary
A Single Judge disagreeing with a coordinate Bench’s decision must follow the reference procedure rather than issue a conflicting operative order. Two orders in the same trial had reached opposite conclusions on framing a murder charge. The Court partly set aside the later order and treated it as a reasoned disagreement and reference to a Division Bench, requesting the Chief Justice to constitute an appropriate Bench. No view was expressed on charge merits.
Issues
- What course a Single Judge should take when disagreeing with a coordinate Bench on the same facts.
- How the conflicting charge-framing orders should be reconciled procedurally.
Provisions considered
- Rule 8, Bombay High Court Appellate Side Rules, 1960Reference through the Chief Justice to two or more Judges was the proper course when the Single Judge considered the earlier decision unsustainable. (¶¶ 5, 6, 7, 8, 10)
- Section 302, Indian Penal Code, 1860The conflicting orders concerned framing of a murder charge; the Supreme Court resolved the judicial-discipline issue without deciding whether the charge was justified. (¶¶ 2, 3, 4, 9)
Held
- Once a coordinate Single Judge had upheld the murder charge and that order stood unchallenged, another Single Judge could not create a conflicting operative ruling in the same facts and trial. Judicial discipline required reference to a larger Bench if reconsideration was thought necessary. (¶¶ 2, 3, 4, 5, 6, 7)
- The later judgment was treated as expressing disagreement with the earlier decision and as referring the issue to a two-Judge/Division Bench. It was partly set aside accordingly, and the Chief Justice was requested to constitute an appropriate Bench. (¶¶ 8, 9, 10)
- The appeal was allowed and disposed of on this procedural basis. The Supreme Court expressly left the merits of the criminal case and charge question undecided. (¶ 9)
Result
Appeal allowed and disposed of; later order partly set aside and treated as a disagreement/reference to a Division Bench. Chief Justice requested to constitute Bench; merits left open.