Cases Reported in 2014 SCC Vol. 8 September 21, 2014 Part 2

Constitution of India — Art. 14 — Underclassification
  • Inclusion of all under-18s into a class called “juveniles” under Juvenile Justice (Care and Protection of Children) Act, 2000 is valid as it provides a separate scheme of investigation, trial and punishment for offences committed by them. A class of persons is sought to be created who are treated differently to effectuate the views of the international community which India has shared by being a signatory to the several conventions and treaties. Differences inter se and within the under-18 category may exist, but so long as the broad features of the categorisation are identifiable and distinguishable and the categorisation made is reasonably connected with the object targeted, Art. 14 does not forbid such a course of action. Subramanian Swamy v. Raju, (2014) 8 SCC 390

Education and Universities — Appointment/Recruitment — Illegal appointments: 

  • Continuance in office of those selected by unfair and unreasonable means amounts to perpetuating the wrong. That beneficiaries of such faulty selection process should hold on to the benefit only because of lapse of time would be travesty of justice especially when deserving candidates were left out with a brooding sense of injustice and cynicism against the efficacy of the system that was meant to act fairly and objectively. Hence, as there were illegalities and irregularities in selection and appointment process of Senior and Junior Research Assistants, cancellation of said appointments by Chancellor of Dr Punjabrao Deshmukh Krishi Vidyapeeth, held valid. Hitendra Singh v. P.D. Krishi Vidyapeeth, (2014) 8 SCC 369
Terrorist and Disruptive Activities (Prevention) Act, 1987 — Ss. 15, 20-A, 3(2)(ii) and 5

  • Conviction of accused under TADA, held to be vitiated as illegal approval under S. 20-A of TADA and conviction under other offences like IPC and Explosive Substances Act were not proved by cogent and reliable evidence but solely on basis of confessions of accused persons under TADA which were made after 2 yrs of the incident, when police apprehended one of the alleged confessors. Hence, said convictions and sentences of all the 12 accused, set aside. Hussein Ghadially v. State of Gujarat, (2014) 8 SCC 425

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