Indian Judgements

Indian Judgements

Powers of a “Referee” Judge in Split Verdicts

In Dr. Rakesh Kumar Gupta v. State of Uttar Pradesh &Ors [ Neutral Citation: 2026 INSC 632, decided on June 9, 2026], the Supreme Court of India adjudicated a significant procedural and constitutional question regarding the scope of a third “referee” Judge’s jurisdiction under Section 392 of the Code of Criminal Procedure, 1973 (CrPC). The matter arose from a trial where three brothers (the Rastogi siblings) were convicted of murder and sentenced to life imprisonment. On appeal, a Division Bench of the Allahabad High Court unanimously upheld the conviction of two brothers (Anil and Ajay) but split on the third brother (Atul), leading to a reference to a third Judge. The referee Judge not only acquitted Atul but went on to reverse the unanimous conviction of Anil and Ajay, acquitting all three siblings.

The Supreme Court expressed its respectful disagreement with its prior coordinate Bench precedent in Sajjan Singh v. State of Madhya Pradesh (1999)—which had historically allowed a referee Judge to re-examine the entire case, including points of absolute unanimity. A Division Bench comprising Justice Dipankar Datta and Justice Satish Chandra Sharma held that under the precise text of Section 392, the terms “an appeal” and “the appeal” have an anaphoric grammatical function that restricts the referee Judge’s jurisdiction strictly to the specific instance where the division of opinion actually occurred. Warning that a literal application of Sajjan Singh creates anomalous, discriminatory, and unconstitutional results under Article 14, the Court formally referred the question to a larger Bench to be constituted by the Chief Justice of India, deferring final judgment on the siblings’ acquittal until the larger Bench delivers its opinion.

1. Factual Matrix and Trajectory of Litigation

  • The Trial and Conviction: The respondents—three brothers named Anil, Ajay, and Atul Rastogi—faced trial before the IInd Additional Sessions Judge, Lucknow, for offenses under Sections 148, 149, and 302/149 of the IPC arising out of a 1991 case crime. On January 31, 2001, the Sessions Judge convicted the siblings and sentenced them to life imprisonment.
  • The Split Division Bench: The siblings preferred a single composite criminal appeal before the Allahabad High Court. The Division Bench fractured in its opinion on July 11, 2006:
    • Justice Bhanwar Singh upheld the conviction and life sentences of Anil and Ajay, but allowed the appeal of Atul, acquitting him.
    • Justice Devi Prasad Singh maintained the conviction and life sentences for all three brothers.
  • The Referee Judge’s Reversal: Because the Judges were equally divided in opinion exclusively in relation to Atul, the appeal was referred to a third Judge under Section 392 of the CrPC. The referee Judge (Justice Vikram Nath, as he then was) agreed that Atul should be acquitted. However, he went a step further and re-evaluated the evidence against Anil and Ajay, completely reversing the concurrent, unanimous findings of the two reference Judges and acquitting them as well. The complainant and the State of Uttar Pradesh filed separate appeals before the Supreme Court challenging these total acquittals.

2. Core Legal Questions Formulated

The Supreme Court framed three pure questions of law arising out of Section 392 of the CrPC:

  1. Whether, in a division of opinion between two Judges of a Division Bench, the referee Judge is strictly obliged to align with one of the two opinions, or is empowered to chart a completely divergent course.
  2. Whether the third Judge must confine their opinion to the specific points of disagreement, or is competent to overturn conclusions unanimously reached by both the referring Judges.
  3. Whether a third Judge who disagrees with the unanimous findings of a Division Bench is required to refer the appeal to be re-heard by a larger Bench of Judges.

3. Legal Analysis &Ratio Decidendi of the Court

The Supreme Court engaged in a deep comparative textual analysis, contrasting the historical layout of Section 429 of the old 1898 Code with Section 392 of the 1973 Code:

A. Grammatical Significance: “An Appeal” vs. “The Appeal”

The Court observed that a notable shift in terminology occurred between the old and new procedural codes. While Section 429 of the 1898 Code directed that “the case” be laid before another Judge, Section 392 of the 1973 Code deliberately mandates that “the appeal” be laid before the referee Judge.

Applying the principles of statutory construction and English grammar, the Court highlighted the anaphoric use of definite articles:

  • Section 392 opens with the indefinite article: “When an appeal under this Chapter is heard… and they are divided in opinion…”. This establishes the broad class of qualifying actions.
  • It is immediately followed by the definite article: “…the appeal, with their opinions, shall be laid before another Judge…”.
  • The Rule: The definite article (“the”) acts anaphorically to refer back to the individual instance introduced by the indefinite article (“an”). Therefore, “the appeal” that travels to the third Judge is strictly limited to the specific dispute where a division of opinion actually occurred.

B. The Discrimination and Fallacy of Composite Appeals

The Court pointed out that the Rastogi siblings had filed a “composite appeal” simply as a matter of administrative convenience. In the eyes of the law, a composite appeal filed by multiple convicts functions as separate individual appeals rolled up into one memorandum.

The Court reasoned that a literal application of the Sajjan Singh precedent creates absurd, anomalous, and discriminatory results that breach the right to equality under Article 14:

  • The Separate Filing Scenario: If the three brothers had filed three separate appeals, and the appeals of Anil and Ajay were unanimously dismissed by the Division Bench, their legal fate would be sealed unless they approached the Supreme Court under Article 136. The split opinion on Atul’s separate appeal would only send Atul’s case to the referee Judge.
  • The Composite Advantage Anomaly: Under Sajjan Singh, simply because they filed a composite appeal, Anil and Ajay get a secondary “free shot” at an acquittal before a single referee Judge, who effectively acts as an appellate authority over a concurrent two-Judge Bench. The Court held that a procedural happenstance cannot be allowed to grant an unconstitutional advantage to one set of litigants over another.

C. Risks of Reversing Unanimous Outcomes

The Court illustrated two highly problematic converse scenarios that Sajjan Singh failed to visualize:

  1. Unanimous Acquittal Risk: If a Division Bench unanimously agrees that two out of three convicts are innocent but splits on the third, sending the entire composite appeal to a referee Judge exposes the two successfully acquitted individuals to the risk of being convicted by a single third Judge.
  2. State Appeal Risk: In a state appeal against the acquittal of three persons, if the Division Bench unanimously upholds the acquittal of two but splits on the third, a single referee Judge could step in and mistakenly convict all three.

The Court concluded that such outcomes run counter to judicial discipline, propriety, and comity, which are integral components of a fair criminal justice delivery system[cite: 17].

4. Decretal Directions & Final Order

  • Reference to a Larger Bench: Recording its respectful disagreement with Sajjan Singh v. State of M.P. (1999), the Division Bench formally referred the question of whether Sajjan Singh lays down the correct law to a larger Bench[cite: 17].
  • Role of the Chief Justice: The Registry is directed to place the matter before the Hon’ble Chief Justice of India to determine the appropriate strength and constitution of the larger Bench[cite: 17].
  • Deference of Final Judgment: The Court explicitly reserved its final answers to the core questions regarding the validity of Anil and Ajay Rastogi’s acquittals[cite: 17]. The present appeals are ordered to be laid before an appropriate Bench for final judgment only after the larger Bench delivers its binding opinion on the referred question[cite: 17].

2026 INSC 632

Dr. Rakesh Kumar Gupta V. State of Uttar Pradesh & Ors. (D.O.J. 09.06.2026)

2026 INSC 632 click here to view full text of judgment

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Admissibility of Deceased Witness Testimony Against Absconding Accused

Supreme Court allowed the appeals filed by the State of West Bengal, ruling that the deposition of a deceased witness recorded in an earlier trial is admissible in a subsequent trial against an absconding accused, provided the requirements of Section 299 of the Code of Criminal Procedure (CrPC) are met. The Court clarified that the provision serves to preserve evidence when an accused deliberately absconds, preventing them from benefiting from the unavailability of material witnesses due to the passage of time. The Court set aside the High Court’s order, which had denied the admission of the victim’s testimony, confirming that the statutory preconditions—the accused absconding and no immediate prospect of arrest—were satisfied at the time the witness deposed.

  • Background: In a 2012 gang-rape case, the respondent and another accused were absconding while three others were tried and convicted. The victim, a key witness, testified in the first trial but passed away in 2015. After the respondent was arrested in 2016, the prosecution sought to admit the victim’s earlier deposition as evidence under Section 33 of the Indian Evidence Act read with Section 299 of the CrPC.
  • High Court Order: The High Court of Calcutta had rejected the application, observing that the prosecution had a duty to obtain a specific direction from the Trial Court to record evidence against the absconder during the first trial, and thus the earlier deposition could not be used against the respondent.
  • Interpretation of Section 299 CrPC: The Supreme Court held that Section 299 CrPC acts as an exception to the general rule requiring a witness to be examined in the presence of the accused. It does not mandate a formal, prior order from a Magistrate to record that the accused is absconding; rather, what is relevant is whether the conditions—that the accused is absconding and there is no immediate prospect of arrest—were established at the time the evidence was recorded.
  • Preventing Misuse of Process: The Court reasoned that taking a restrictive view of Section 299 would jeopardize the criminal justice system by incentivizing accused persons to wilfully abscond and await the death or unavailability of material witnesses.
  • Application to Facts: The Court noted that the respondent was a declared absconder when the victim’s testimony was recorded (2013), and he remained at large until his arrest in 2016. As the two essential conditions of Section 299(1) were met, the deceased victim’s evidence is admissible in the trial against the respondent.

Legislative Continuity: The Court noted that the legislature has maintained this principle in Section 335 of the recently enacted Bharatiya Nagarik Suraksha Sanhita, 2023, reinforcing the intent to ensure evidence is preserved against those who evade trial.

2026 INSC 718

The State of West Bengal v. Kader Khan – (D.O.J. 17.07.2026)

2026 INSC 718 click here to view full text of judgment

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Insolvency and Bankruptcy: Finality of Resolution Plans and Extinguishment of Sub-judice Claims

Supreme Court allowed the appeals filed by the Successful Resolution Applicant (Appellant-SRA), ruling that upon the approval of a Resolution Plan under the Insolvency and Bankruptcy Code, 2016 (IBC), all claims—including those pending adjudication (sub-judice)—that are not specifically provided for in the plan stand extinguished. The Court held that the “clean slate” doctrine is fundamental to the IBC, preventing unresolved or contingent claims from resurfacing and undermining the revival of the corporate debtor. Consequently, the Court set aside the High Court orders and dismissed the civil suit and arbitration proceedings initiated by operational creditors, affirming that they are bound by the terms of the approved Resolution Plan.

  • Background: The Appellant-SRA challenged Bombay High Court orders that allowed a civil recovery suit and arbitration proceedings to continue against the corporate debtor (Bhushan Steel Limited) despite the approval of its Resolution Plan. The respondents, operational creditors, sought to pursue claims that were pending at the time of the Corporate Insolvency Resolution Process (CIRP).
  • Treatment of Claims: During the CIRP, the Resolution Professional admitted the respondents’ disputed claims at a notional value of Rupee One (1) each. The approved Resolution Plan stipulated that because the liquidation value was NIL, no amounts were due to operational creditors; however, a settlement fund was provided for those with admitted claims.
  • The “Clean Slate” Doctrine: The Court emphasized that a successful resolution applicant must start on a “clean slate,” free from “hydra-headed” surprise claims. Once a Resolution Plan is approved under Section 31(1) of the IBC, it becomes binding on all stakeholders, and claims not incorporated therein are deemed extinguished, withdrawn, or abated.
  • Finality of the Plan: The Court noted that the Final List of Creditors attained finality, and the respondents could not seek to reopen or question the commercial wisdom of the Committee of Creditors after the plan’s approval. The Court found no merit in the allegations of fraud, noting that no proceedings had been initiated under Rule 11 of the NCLT Rules to challenge the plan’s integrity.
  • No Express Carve-out: Upon a harmonious reading of the Resolution Plan, the Court concluded there was no express “carve-out” protecting sub-judice claims from extinguishment. The plan explicitly mandated that all legal proceedings relating to the period prior to the effective date stand extinguished, except to the extent of the specific settlement amount provided.
  • Observation on MSMEs: In an “Afterword,” the Court observed that the current insolvency framework does not adequately account for the position of small operational creditors and MSMEs, who are often placed at the bottom of the repayment waterfall. The Court suggested that the Legislature and Law Commission examine this to ensure a more balanced repayment mechanism.
  • Outcome: The Court allowed the appeals, set aside the contrary High Court orders, and dismissed the pending civil suit and arbitration proceedings, enforcing the finality of the Resolution Plan.

2026 INSC 717

M/S Tata Steel Ltd. v. Varsha & Anr. (D.O.J. 17.07.2026)

2026 INSC 717 click here to view full text of judgment

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Excluding Nominated Members from Local Authority Elections

The Supreme Court upheld the High Court of Karnataka’s decision to exclude nominated members of Town Panchayats from participating in Legislative Council elections for Local Authorities’ Constituencies. The Court ruled that under the constitutional framework established by the 74th Amendment (Part IX-A), nominated members, who serve only in an advisory capacity, lack the democratic mandate of elected representatives. Consequently, their inclusion in the electoral roll was declared unconstitutional, and the Court affirmed the direction to conduct a recount of votes after segregating the invalid votes cast by these nominated members.

  • Background: The election to the Karnataka Legislative Council (Chikkamagaluru Local Authorities Constituency) was challenged because 12 nominated members from four Town Panchayats were included in the electoral roll and participated in the voting. The appellant, who won by a narrow margin of 6 votes, contended that the electoral roll’s finality should be respected.
  • Constitutional Interpretation: The Court held that while Article 171(3)(a) mentions “members” of local authorities, this must be interpreted through the lens of the 74th Constitutional Amendment. Article 243-R establishes that while nominated members may be appointed for their expertise, they are expressly barred from voting in municipal meetings, underscoring their advisory rather than representative role.
  • Democratic Representation: The Supreme Court emphasized that allowing nominated members to vote in Legislative Council elections would undermine the democratic nature of the electoral process, as they are not democratically elected. The Court affirmed that “members” in the context of electoral colleges refers to democratically elected representatives.
  • Finality of Electoral Rolls: While acknowledging the principle that electoral rolls typically attain finality, the Court distinguished this case by noting that the inclusion of the nominated members was void ab initio and unconstitutional. Therefore, the finality of the roll could not be used to validate an illegality that strikes at the core of the electoral college’s composition.
  • Secrecy of the Ballot: The Court rejected the argument that segregating these votes would violate the secrecy of the ballot. It maintained that the higher constitutional goal of preserving free and fair elections and ensuring the purity of the electoral process outweighs the requirement for absolute secrecy in this specific context.
  • Outcome: The Supreme Court dismissed the appeals and affirmed the High Court’s orders. The Court directed the authorities to proceed with the consequential actions based on the recount results already obtained, ensuring that the election outcome reflects only the valid votes cast by elected representatives.

2026 INSC 716

Pranesh M.K. v. Shanthegowda & Ors. – (D.O.J. 16.07.2026)

2026 INSC 716 click here to view full text of judgment

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Railway: Establishing Liability in Untoward Railway Incidents

The Supreme Court set aside the concurrent dismissal of a compensation claim by the Railway Claims Tribunal and the High Court of Madhya Pradesh. The Court held that when a passenger dies in an “untoward incident” (falling from a running train), the absence of a recovered ticket does not automatically negate the status of a bona fide passenger. Emphasizing the “no-fault liability” principle under Section 124A of the Railways Act, 1989, the Court ruled that once the claimant establishes the foundational facts through an affidavit, the burden shifts to the Railways. Technical lapses and the inability to recover personal belongings should not defeat the humanitarian and welfare objectives of the legislation.

  • Background: The appellant filed a claim for compensation following the death of her husband, who fell from a running train while traveling from Raipur to Ahmedabad. The Railway Claims Tribunal and the High Court previously rejected the claim, citing a lack of proof regarding the deceased being a bona fide passenger (specifically due to the missing ticket).
  • Legal Principle (No-Fault Liability): The Court reiterated that Section 124A of the 1989 Act is a beneficial, “no-fault” provision. It is designed to provide expeditious relief to victims of untoward incidents without requiring proof of negligence by the Railway Administration.
  • Burden of Proof: Relying on Union of India v. Rina Devi and Doli Rani Saha v. Union of India, the Court clarified that:
    • The mere absence of a ticket does not disprove that a person was a bona fide
    • The initial burden is on the claimant, which is sufficiently discharged by filing an affidavit stating the facts.
    • Once this is done, the burden shifts to the Railways to disprove the claim based on attending circumstances.
  • Operational Concerns: The Court highlighted the critical issue of chronic overcrowding in Indian Railways. It noted that while the Railway Manuals contain detailed safety and ticketing protocols, the execution often fails. The Court suggested that Railways should increase manpower to better manage safety and ticketing, which could simultaneously reduce such tragedies and provide employment.
  • Constitutional Perspective: The Court observed that using terms like “second class passenger” is outdated and potentially offensive to the spirit of the Constitution of India; it suggested that class designations should refer to the “coach” rather than the “passenger.”

Decision: The Supreme Court allowed the appeal and set aside the lower court judgments. It ordered the Railways to pay compensation of ₹8,00,000 to the appellant within four weeks, failing which the amount would attract interest at 8% from the date of the original claim filing.

2026 INSC 715

Lata v. Union of India & Anr. – (D.O.J. 17.07.2026)

2026 INSC 715 click here to view full text of judgment

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