Reference of a case to a larger Bench has to be for a reconsideration of the principle of law and not the merits of the decision; SC
A three Judge Bench of the Supreme Court headed by the Chief Justice of India has held that reference of a case to a larger Bench necessarily has to be for a reconsideration of the principle of law on which the case has been decided and not the merits of the decision. On the contrary, Sidharth Luthra, Additional Solicitor General has submitted that the decision in Nikhil Merchant turns on its own facts and what has been approved in Gian Singh is merely the principle of law laid down in Nikhil Merchant, namely, that quashing a non-compoundable offence under Section 482 Cr.P.C., following the settlement between the parties, does not amount to a circumvention of the provisions of Section 320 of the Code of Criminal Procedure. In fact, this is the question that was referred to the larger Bench in Gian Singh and not the merits of the decision in Nikhil Merchant " After analysing the facts the Court held that the facts in the present case are easily distinguishable from the facts of Nikhil Merchant Case. In the totality of the facts stated above, if the High Court has taken the view that the exclusion spelt out in Gian Singh applies to the present case and on that basis had come to the conclusion that the power under Section 482 CrPC should not be exercised to quash the criminal case against the accused, we cannot find any justification to interfere with the said decision.
Classic Case Of Shrugging Off By Referring To A Larger Bench - Dejusticizing Justice?
National Court of Appeal: Matter referred to Constitution Bench [Read Judgment]
National Court of Appeal: Matter referred to Constitution Bench [Read Judgment]
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