Source: Supreme Court

Why in News?

Recently, the Supreme Court in the matter of State of Punjab v. Gurpreet Singh & Ors., has held that while exercising the powers under Article 136 of the Constitution of India, 1950 (COI) the Court can interfere with the order of the acquittal if the acquittal of an accused would lead to a significant miscarriage of justice.

What was the Background of State of Punjab v. Gurpreet Singh & Ors. Case?

• In this case, the Trial Court convicted all the accused for the offences under Section 302 and Section 34 of the Indian Penal Code, 1860 (IPC).
• All of them were sentenced to life imprisonment.
• The High Court of Punjab and Haryana at Chandigarh acquitted all four accused of the charges.
• Aggrieved by the judgement of the High Court, an appeal was filed before the Supreme Court.
• The appeal was later dismissed by the Supreme Court.

What were the Court’s Observations?

• The Bench comprising of Justices Surya Kant and KV Viswanathan observed that under Article 136 of the COI, the Supreme Court does not routinely interfere with an order of acquittal except when the prosecution's case proves the guilt of the accused beyond a reasonable doubt.
• It was further held that if the acquittal is based on irrelevant grounds, if the High Court allows itself to be misled by distractions, if the High Court dismisses the evidence accepted by the Trial Court without proper consideration, or if the High Court's flawed approach leads to the neglect of vital evidence, this Court is obligated to intervene to uphold the interests of justice and address any concerns within the judicial conscience.

What is Article 136 of the COI?

About:

• This Article deals with the special leave to appeal by the Supreme Court. It states that -

(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.

(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.

Essential Characteristics:

• This Article gives discretion to the Supreme Court to grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
• This article applies to both final and interlocutory orders and also applies to Tribunals invested with a part of the judicial power of the State meaning thereby quasi-judicial authorities.
• This Article does not confer a right to appeal but only a right to apply for special leave which, if granted, confers a right to appeal so long as the leave is not revoked.
• The Supreme Court invokes the power under Article 136 in exceptional circumstances as and when a question of law of general public importance arises.

Case Law:

• In Rajesh Prasad v. State of Bihar (2022), this Court has outlined the principles guiding its intervention in acquittal orders under Article 136 of the COI. These are:
  • An intervention is warranted when the High Court's approach or reasoning is deemed perverse. This occurs when the High Court, based on suspicion and surmises, rejects evidence or when the acquittal is primarily rooted in an exaggerated adherence to the rule of giving the benefit of doubt in favor of the accused.
  • Another circumstance for intervention arises when the acquittal would lead to a significant miscarriage of justice. This refers to situations where the High Court, through a cursory examination of evidence, serves the connection between the accused and the crime.