Know Thy Judge | Supreme Court of India: Justice Ahsanuddin Amanullah

Justice Ahsanuddin Amanullah is the sitting judge of the Supreme Court of India. He has been active in the legal scene since 1991 and has served in judicial capacity in Patna High Court and Andhra Pradesh High Court.

Early Life and Education¹

Justice Ahsanuddin Amanullah was born on 11-05-1963. Justice Amanullah earned his LL.B. degree from Patna Law College after graduating with a Bachelor of Science (Chemistry Honours).

Career Trajectory²

As an Advocate

On 27-09-1991, Justice Amanullah joined as an Advocate with the Bihar State Bar Council and quickly rose through the ranks. He was in regular practice in the Patna High Court but also appeared before the Supreme Court of India and the Delhi High Court, Calcutta High Court and Jharkhand High Court in Constitutional, Civil, Criminal, Service, Taxation, Co-operative, Labour, Corporate and forest matters.

Justice Ahsanuddin Amanullah became well-known for his knowledge of constitutional and service law. He has also appeared before the Central Administrative Tribunal, the Commercial Taxes Tribunal, District Courts, the District Consumer Disputes Redressal Forum and arbitration matters.

Justice Amanullah served as Standing Counsel to the Government of Bihar from March 2006 till August 2010. He was appointed as Government Advocate for the State of Bihar from August 2010 till his elevation to the Bench.

Justice Amanullah represented the District Administration before the Dalsingsarai (Samastipur) Firing Enquiry Commission and the Income Tax Department of the Government of India in the Jharkhand High Court in Ranchi.

Justice Ahsanuddin Amanullah has represented and appeared for the Indian Railways, Unit Trust of India, Union Bank of India, RITES (previously Rail India Technical and Economic Services Limited), Indian Railway Catering and Tourism Corporation Limited (IRCTC), Bihar State Housing Board, Bihar State Electricity Board, Bihar State Textbook Publishing Corporation, Bihar State Cooperative Bank Limited, Bihar State Cooperative Marketing Union Limited (BISCOMAUN), Bihar Cooperative Land Development Bank Limited, Bihar State Agricultural Marketing Board, Bihar State Housing Cooperative Federation, Bihar State Credit and Investment Corporation (BICICO), Commercial Taxes Department (Government of Bihar), Magadh University at Bodh Gaya, Veer Kuer Singh University at Arrah, Samsung Corporation (Engineering & Construction Group), Mahindra and Mahindra, Bihar Industrial Area Development Authority, Bihar State Health Society etc. before various judicial and quasi-judicial fora, primarily the Constitutional Courts.

Justice Amanullah was empaneled by the Patna Legal Aid Committee for Criminal Appeals. He was Assistant Returning Officer for elections to the Bihar State Bar Council in 2002 and the Jharkhand State Bar Council in 2006. Justice Amanullah has assisted the Court as amicus curiae in matters of significance; furthermore, he has also been associated with social issues pro bono.

*Did You Know? Justice Ahsanuddin Amanullah was instrumental in drafting and vetting subordinate and delegated legislation for various Acts passed by the Bihar Legislature.³

Memberships and Chairmanships⁴

Justice Ahsanuddin Amanullah served as a Member and Head/Chairman of many committees in his career:

• He was the Chairman of the Patna High Court Juvenile Justice Monitoring Committee.

• He served as a member of the Board of Governors of the Bihar Judicial Academy in Patna.

• He was the Chairman of the Patna High Court Legal Services Committee.

• On 08-11-2021, he was appointed as the Executive Chairman of the Andhra Pradesh State Legal Services Authority.

As a Judge

Justice Amanullah was elevated as Judge, Patna High Court on 20-06-2011. He was transferred to the High Court of Andhra Pradesh on 10-10-2021. He was again re-transferred to Patna High Court on 20-06-2022. He was appointed to the Supreme Court on 04-02-2023 and took the oath of office on 06-02-2023⁵. Justice Ahsanuddin Amanullah has been elevated directly to the Supreme Court without serving as Chief Justice of any High Court.

*Did you Know? Justice Ahsanuddin Amanullah was the First Judge to hold paperless e-Court in the Patna High Court⁶.

Notable Supreme Court Decisions of Justice Ahsanuddin Amanullah⁷

Supreme Court upholds acquittal of man accused of burning wife and three daughters alive in 17- year- old case

In a criminal appeal filed against the judgment passed by the Allahabad High Court, wherein the accused was acquitted of the offence punishable under Section 302 of the Penal Code, 1860 (‘IPC’), the three-judge bench of Abhay S Oka*, Pankaj Mithal and Ahsanuddin Amanullah, JJ. upon reappreciating the evidence, found that the view taken by the High Court, that the prosecution had failed to prove the guilt of the accused beyond a reasonable doubt was a plausible and reasonable interpretation of the evidence on record. Even if an alternative view could be reasonably drawn from the same evidence, the Court reiterated that this alone does not justify overturning the order of acquittal. In criminal law, the benefit of doubt must go to the accused, and unless the evidence decisively proves guilt, the acquittal must stand. Read more..

[Aejaz Ahmed v State of UP, 2025 SCC OnLine SC 913]

There must be a right balance between hearing appeals against conviction where accused are in prison & where accused are on bail: SC

While considering the instant appeal filed by the State of Madhya Pradesh against the impugned order the High Court whereby the Court let go of the respondents (accused persons) taking into account their old age; the 3-Judge Bench of Abhay S. Oka*, Ahsanuddin Amanullah and Agustine George Masih, JJ., opined that considering the pendency of very old criminal appeals, priority is usually given to the hearing of the appeals where the accused are in prison. The appeals against conviction where the accused are on bail take a backseat. However, a right balance must be struck by taking up for hearing even some of the old criminal appeals against conviction where accused are on bail. Therefore, it is desirable that certain categories of appeals against conviction where the accused are on bail should be given priority. Read more..

[State of MP v. Shyamlal, 2025 SCC OnLine SC 590]

Can Section 138 NI Act proceedings be quashed against former director of company, suspended from his position on appointment of IRP? SC answers

In a criminal appeal against Punjab and Haryana High Court’s decision, whereby the accused person’s application under Section 482 of Code of Criminal Procedure, 1973 (‘CrPC’) for quashing of proceedings initiated under Section 138 of Negotiable Instruments Act, 1881 (‘NI Act’) was dismissed, the Division Bench of Sudhanshu Dhulia* and Ahsanuddin Amanullah, JJ. allowed the appeal and set aside the impugned decision opining that the High Court erred in denying relief to the accused- former director of the corporate debtor by placing reliance upon P. Mohan Raj v. Shah Brothers Ispat Pvt. Ltd. (2021) 6 SCC 258. The Court explained that the cause of action under Section 138 of the NI Act arose after the commencement of the insolvency process. The Bench also quashed the summoning order and proceedings against the accused. Read more..

[Vishnoo Mittal v Shakti Trading Company, 2025 SCC OnLine SC 558]

‘Employee already considered ‘initial constituent’ under Recruitment Rules cannot be treated as contractual employee’; SC dismisses SAI’s plea

In a batch of civil appeals by the Sports Authority of India (SAI) challenging the dismissal of their recall applications by the Delhi High Court, the Division Bench of Sudhanshu Dhulia* and Ahsanuddin Amanullah, JJ. held that once an employee was considered as an ‘initial constituent’ under the Sports Authority of India (Sports Sciences and Sports Medicine) Staff Recruitment Rules, 1992 (Rules), it would mean that the said person could not be treated as a contractual employee but as a regular employee, who comes under direct enrolment/control of SAI. The Court also observed that once the order had been passed on a compromise or concession given by a party, that party cannot turn back and challenge the order before a higher court, unless it is a case of fraud or deception. Such a scenario is not permissible on principle as well as on law. Read more..

[Sports Authority of India v Kulbir Singh Rana, 2025 SCC OnLine 489]

SC clarifies prospective nature of direction in 2015’s Priyanka Shrivastava case on Section 156(3) CrPC applications being supported by affidavit

While deciding the instant appeal by a husband and wife (appellants) aggrieved by the decision of Single Judge Bench of Calcutta High Court rejecting the appellants’ criminal revisions, the Division Bench of Sudhanshu Dhulia* and Ahsanuddin Amanullah, JJ., clarified the directions issued by the Supreme Court in Priyanka Srivastava v. State of Uttar Pradesh, (2015) 6 SCC 287, all applications before the Court where Section 156(3), CrPC applications are made must be supported by an affidavit duly sworn by the applicant who seeks to invoke the jurisdiction of the Magistrate. Such a step could only be prospective in nature, and this is clearly reflected from the very language used by the Judges in Priyanka Srivastava (supra). Read more..

[Kanishk Sinha v. State of WB, 2025 SCC OnLine SC 443]

Can spouse of void marriage under S. 11 of HMA claim permanent alimony or maintenance under S. 25? Supreme Court answers

In a set of two civil appeals wherein reference was made to a Larger Bench to deal with conflicting views on the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955, (‘1955 Act’) whether alimony can be granted where marriage has been declared void, the Three Judge Bench of Abhay S. Oka*, Ahsanuddin Amanullah and Augustine George Masih, JJ. answered the issue in the affirmative. The Court held- A spouse whose marriage has been declared void under Section 11 of the 1955 Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25 of the 1955 Act. The grant of relief of permanent alimony can be granted or not always depends on the facts of each case and the conduct of the parties, as it is always discretionary. Even if a Court comes to a prima facie conclusion that the marriage between the parties is void or voidable, pending the final disposal of the proceeding under the 1955 Act, the Court is not precluded from granting maintenance pendente lite provided the conditions mentioned in Section 24 are satisfied. Read more..

[Sukhdev Singh v. Sukhbir Kaur, 2025 SCC OnLine SC 299]

‘Uncomfortable questions during court proceedings not humiliation’; SC dismisses woman’s plea seeking clarification from police on remarks made on her divorce

In a criminal special leave petition against Rajasthan High Court’s decision whereby the petitioner’s miscellaneous petition seeking the basis of statements made by the police which allegedly humiliated her, was dismissed, the Division Bench of Sudhanshu Dhulia and Ahsanuddin Amanullah, JJ. dismissed the petition stating that during court proceedings, many statements are made and questions are posed which may make a person uncomfortable, but all such statements or questions cannot be misconstrued as humiliating a person. Read more..

[Dhanlaxmi v State of Rajasthan, 2025 SCC OnLine SC 300]

Know why SC allowed private complaint for offence of false evidence before a Tribunal, considering it as the only remedy

In a criminal appeal against the Calcutta High Court’s decision on an application filed by the accused-respondent under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), declining to grant relief to the appellant for allowing his private complaint for alleged offences under Section 193, 199 and 200 of the Penal Code, 1860 (‘IPC’) before a Tribunal, on grounds that such a complaint under CrPC can only be made on directions of the Court concerned, the Division Bench of Sudhanshu Dhulia and Ahsanuddin Amanullah, JJ. allowed the appeal and held that the only way out available for the appellant was to file a private complaint. Therefore, the Court set aside the High Court’s decision and directed the Tribunal to entertain the private complaint. Read more..

[Anil Kumar J. Bavishi v Mahendra Kumar Jalan, 2024 SCC OnLine SC 4276]

Explained | Supreme Court’s split verdict on AIMIM member Tahir Hussain’s interim bail plea to contest Delhi Assembly Elections

While deliberating over the instant petition filed by politician Tahir Hussain, who is in custody in connection with several cases including offences under PMLA Act, rioting and murder, had sought interim bail for the purposes of contesting in upcoming Legislative Assembly Elections for NCT of Delhi; the Bench of Pankaj Mithal* and Ahsanuddin Amanullah**, JJ., delivered a split verdict in this regard. While Mithal, J., opined that interim bail is not permissible for the purposes of contesting elections, much less for campaigning; Amanullah, J., on the other hand deemed the petitioner eligible to be enlarged on conditional bail for limited period. Furthermore, since a spilt decision was rendered in the instant case, the Division Bench therefore, directed the Registry to place the matter before the Chief Justice of India for appropriate action. Read more..

[Mohd. Tahir Hussain v. State (NCT of Delhi), 2025 SCC OnLine SC 135]

SC directs Defence Colony RWA to handover heritage site Gumti of Shaikh Ali’s possession to Ministry of Urban Affairs

While considering the instant matter revolving around unauthorised occupation of site known as the Gumti of Shaikh Ali by the Defence Colony Resident Welfare Association (Respondent 4); the Division Bench of Sudhanshu Dhulia and Ahsanuddin Amanullah, JJ., directed Respondent 4 to handover the peaceful possession of the site to the concerned officer in Land and Development Office, Ministry of Urban Affairs, Government of India. Read more..

[Rajeev Suri v Archaelogical Survey of India, 2025 SCC OnLine SC 163]

Supreme Court issues directives on the role of public prosecutors and legal aid counsels to safeguard fairness and fundamental rights in criminal trials

In a criminal appeal filed against the conviction order of a man accused of rape and murder of a ten-year-old minor, passed by the Trial Court and upheld by the Allahabad High Court, the three Judge bench of Abhay S. Oka*, Ahsanuddin Amanullah, and Augustine George Masih, JJ. set aside the conviction, as the accused was not provided with proper legal aid during the trial, which violated his fundamental right to a fair trial under Article 21 of the Constitution of India. Further, the Court issued a series of directives concerning the critical roles of the Public Prosecutor and Legal Aid Counsels in ensuring procedural fairness and safeguarding the fundamental rights of the accused in criminal trials. Read more..

[Ashok v State of UP, 2024 SCC OnLine SC 3580]

Supreme Court denies anticipatory bail to father in Pune Porsche Accident case involving minor

In the Pune Porsche case, a division bench comprising Sudhanshu Dhulia and Ahsanuddin Amanullah, JJ. upheld the Bombay High Court’s decision to deny anticipatory bail to the father, who’s minor son was a passenger in the Porsche car that hit and killed two motorcycle commuters in Pune’s Kalyani Nagar this year. Read more..

SC reduces life sentence to 10 years’ imprisonment of man convicted for raping stepdaughter, considering age and eight years of sentence undergone

In a criminal special leave to appeal against the decision of Kerala High Court, upholding the conviction of the present appellant/ convict to life imprisonment for offence under Section 376 of the Penal Code, 1860 (‘IPC’) for raping his stepdaughter, the Division Bench of Sudhanshu Dhulia and Ahsanuddin Amanullah, JJ. upholding his conviction, reduced the life imprisonment to sentence of ten years and retained the fine amount as Rupees Two lakhs. Read more..

[Mallan v State of Kerela, 2024 SCC OnLine SC 2442]

[Patanjali Misleading Ads Case] Celebrities & Social media influencers are equally liable for misleading ads, if they endorse any deceptive product or service: Supreme Court

In a petition filed by the Indian Medical Association (‘IMA’) against an alleged false campaign carried out by Patanjali and its founders against the COVID-19 vaccination and modern medicine, the division bench of Hima Kohli and Ahsanuddin Amanullah, JJ. has said that the company should not be allowed to sell products for which licenses were suspended. Further, the Bench issued directions on the issue of misleading ads. The Bench noted that the misleading advertisements for Patanjali products, which have now been prohibited, are still available on certain online platforms The Court has also issued notice to the IMA President and asked him to respond by 14-05-2024 on certain comments allegedly made against the Court in a media interview. Read more..

“Practice of mentioning caste or religion of litigants should be shunned and ceased”: Supreme Court

While hearing a transfer petition by under Section 25 of the Code of Civil Procedure, 1908, filed by petitioner- wife for transferring a petition for restitution of conjugal rights filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 pending before the Principal Judge, Family Court, Sri Ganga Nagar, Rajasthan to a Court of competent jurisdiction at Faridkot, Punjab, the Division Bench of Hima Kohli and Ahsanuddin Amanullah, JJ. noted that the caste of both the parties was mentioned in the memo of parties. The Court directed all the High Courts to ensure that the caste/religion of a litigant does not appear in the memo of parties. Read more..

[Shama Sharma v. Kishan Kumar, 2024 SCC OnLine SC 88]

[Societies Registration Act] Defaulting members not entitled to notice for meeting of election, even if their membership was not terminated or ceased: SC

In an appeal against the judgment and order passed by the Bombay High Court, whereby the appeal was dismissed, thereby confirming the order passed by the District Judge, which confirmed the order passed by the Assistant Charity Commissioner, Nagpur rejecting the change report filed by the appellants, the division bench of Vikram Nath* and Ahsanuddin Amanullah, JJ. while setting aside the impugned order and accepting the change report, has directed fresh elections for the new executive committee of the Society by the Charity Commissioner in accordance with law within six months from the receipt of a copy of this Judgment. Further, it held that the proviso to Section 15 of the Societies Registration Act, 1860 [the Registration Act] would disentitle defaulting members from being given any notice even if their membership was not terminated or ceased. Read more..

[Babasaheb Wasade v. Manohar Gangadhar Muddeshwar, 2024 SCC OnLine SC 63]

“No repeated or severe blows inflicted upon mother-son duo”; Supreme Court sets aside conviction under Section 307 IPC

In a criminal appeal against the Madras High Court’s decision, whereby the conviction order by the Trial Court for offence under Section 307 of the Penal Code, 1860 (‘IPC’) was confirmed, the Division Bench of Vikram Nath and Ahsanuddin Amanullah*, JJ. Set aside the conviction under Section 307 of the IPC for no severe blows inflicted on the complainant. Read more..

[Sivamani v. State of Madras, 2023 SCC OnLine SC 1581]

Supreme Court | No anticipatory bail for IPS Officer accused of impersonation of Chief Justice of Patna HC on WhatsApp

In a petition under Article 136 of the Constitution of India filed against judgment passed by Patna High Court on 21-03-2023 which denied pre-arrest bail to petitioner accused under Sections 353, 387, 419, 420, 467, 468 and 120-B of the Penal Code, 1860 (‘IPC’) and Sections 66-C and 66-D of the Information Technology Act, 2000 (‘IT Act’), the Bench of Aniruddha Bose, Ahsanuddin Amanullah and Augustine George Masih, JJ. refused to grant anticipatory bail and ordered the petitioner to surrender within 2 weeks. The Court also sought the High Court’s reply on the action taken. Read more..

[Aditya Kumar v. State of Bihar, 2023 SCC OnLine SC 1593]

Andaman & Nicobar Islands Gang rape case | Supreme Court modifies bail conditions for Ex-Chief Secretary and 2 others

In a batch of petitions challenging order passed by Calcutta High Court on 20-02-2023 granting bail to Jitendra Narain, Ex-Chief Secretary of Andaman and Nicobar Islands for offences under Sections 376-D, 228-A, 506 and 120 of Penal Code, 1860 (‘IPC’) and bail granted to two co-accused from the same First Information Report (‘FIR’), the Division Bench of Vikram Nath* and Ahsanuddin Amanullah, JJ refused to interfere with the impugned order and modified the conditions for grant of bail. Read more..

[XXX v. State (UT of Andaman & Nicobar Islands), 2023 SCC OnLine SC 1062]

Irretrievable breakdown of marriage | Supreme Court invokes Article 142 of the Constitution to grant mutual consent divorce

When a woman approached the Supreme Court seeking transfer of divorce petition under the Hindu Marriage Act, from Indore to Lucknow, the bench of Sanjay Kishan Kaul and Ahsanuddin Amanullah*, JJ noticed that the parties have suffered an irretrievable breakdown of marriage and hence, in order provide complete justice, the Court exercised the power under Article 142 of the Constitution of India to grant mutual consent divorce to the parties. The Court also closed all cases filed by the parties against each other. Read more..

[Mansi Khatri v. Gaurav Khatri, 2023 SCC OnLine SC 667]

Supreme Court rejects plea of grave and sudden provocation of mother who administered poison to children in suicide attempt

The Division Bench of Ahsanuddin Amanullah* and Ajay Rastogi, JJ., allowed the appeal against the impugned judgment of the High Court of Madras for rejecting the for premature release of appellant passed by the State of Tamil Nadu. The Supreme Court granted benefit of premature release however, rejected the contention that the case of appellant will fall under Exception to Section. 300 of the Penal Code, 1860 (‘IPC’). Read more..

[Nagarathinam v. State, 2023 SCC OnLine SC 559]

“Voting by secret ballot should not be the rule but clearly an exception”; Supreme Court modifies guidelines for designation of Senior Advocates

In an application filed by Senior Advocate Indira Jaising against the existing system of designation of Senior Advocates, terming it flawed as it was not objective, fair, and transparent, and thus did not take into account considerations of merit and ability, the 3-Judge Bench of Sanjay Kishan Kaul*, Ahsanuddin Amanullah, and Aravind Kumar, JJ. has fine-tuned the guidelines laid down in the 2017 Judgment to bring in greater transparency and objectivity in the designation process. Read more..

[Indira Jaising v Supreme Court of India, 2023 SCC OnLine SC 614]

Why Coal India Limited lost legal battle against CCI: Supreme Court verdict explained

In a case where Coal India Limited and its subsidiary Western Coalfields Limited had contended that they cannot be bound by the Competition Act, 2002 as both are governed by the Coal Mines (Nationalization) Act, 1973, the 3-judge bench of KM Joseph*, BV Nagarathna and Ahsanuddin Amanullah, JJ has rejected the contention and observed that,

“If Parliament has intended that State monopolies even if it be in the matter of distribution must come under the anvil of the new economic regime, it cannot be found flawed by the Court on the ground that subjecting the State monopoly would detract from the common good which the earlier Nationalisation Act when it was enacted, undoubtedly, succeeded in subserving. We see no reason to hold that a State Monopoly being run through the medium of a Government Company, even for attaining the goals in the Directive Principles, will go outside the purview of the Act.” Read more..

[Coal India Limited v. Competition Commission of India, 2023 SCC OnLine SC 740]

“Theft on train not deficiency in service by Railways”; Supreme Court sets aside concurrent orders by NCDRC, SCDRC and District Consumer Forum

In a civil appeal against dismissal of a challenge by the National Consumer Disputes Redressal Commission (‘NCDRC’) against order holding Indian Railways liable to pay Rs 1 lakh to the passenger whose cash was stolen while travelling by train, the Division Bench of Vikram Nath and Ahsanuddin Amanullah, JJ. allowed the appeal and set aside the orders passed by the NCDRC, SCDRC and District Consumer Forum in the instant matter. Read more..

[Station Superintendent v. Surender Bhola, 2023 SCC OnLine SC 741]

Register all migrants on e-Shram portal for Ration Card within 3 months: Supreme Court

The bench of MR Shah* and Ahsanuddin Amanullah, JJ has directed States/UTs to issue ration cards to the left out migrants on eShram portal within 3 months by giving wide publicity and approaching the migrants through the office of the concerned Collector of the District so that more and more registrants on eShram portal are issued the ration cards and get the benefit of the benevolent schemes floated by the UOI and the State Government including the benefit under the National Food Security Act. Read more..

[In re, Problems and Miseries of Migrant Labourers, 2023 SCC OnLine SC 456]

‘Lawyers cannot go on strikes’; Supreme Court asks High Courts to constitute Grievance Redressal Committee to hear genuine grievance

The bench of MR Shah* and Ahsanuddin Amanullah, JJ has reiterated that no member of the Bar can go on strike and/or abstain himself from court working and has hence, requested all the High Courts to constitute Grievance Redressal Committee in their respective High Courts. Read more..

[District Bar Association Dehradun v. Ishwar Shandilya, 2023 SCC OnLine SC 457]

SC directs all Courts and Tribunals to number paragraphs in Orders and Judgments in seriatim

While hearing an appeal against the order of Punjab and Haryana High Court wherein, the appellant’s petition to quash his trial and consequential orders to release the pensionary and other benefits was dismissed, the Division-Judge Bench of Krishna Murari and Ahsanuddin Amanullah*, JJ., allowed the appellant’s appeal and quashed the impugned order of the High Court allowing him to retain pension benefits. The Court gave additional directions for Judgment writing to all the Courts and Tribunals. Read more..

[B.S Hari Commandant v. Union of India, 2023 SCC OnLine SC 413]

‘Pension cannot be denied dehors the authority of law’; SC sets aside BSF Commandant’s conviction, allows him to retain superannuation benefits

In a criminal appeal against the order of Punjab and Haryana High Court wherein, the appellant’s petition to quash his trial and consequential orders to release the pensionary and other benefits was dismissed, the Division-Judge Bench of Krishna Murari and Ahsanuddin Amanullah*, JJ., allowed the appellant’s appeal and set aside his conviction order and allowed the appellant to retain the pension benefits. Read more..

[B.S Hari Commandant v. Union of India, 2023 SCC OnLine SC 413]

Supreme Court issues notice to Intelligence Officer for non-compliance of Section 50 of the NDPS Act

By way of Special Leave Petition, the petitioner had challenged the order passed by the Madras High Court which had partly allowed the appeal preferred by the petitioner and had upheld the judgment of conviction against the petitioner for the offence punishable under Section 8(c), Section 21(c), Section 25, Section 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (‘NDPS’) and sentenced him to rigorous imprisonment for a period of 10 years. As per the custody certificate, the petitioner has already undergone a period of 8 years and 10 months of actual conviction. The division Bench of Abhay S. Oka and Ahsanuddin Amanullah J.J., issued notice to the State by the Intelligence Officer. Read more..

[Mohammed Imran Mansoori v. State by the Intelligence Officer, 2023 SCC OnLine SC 372]

[Protection of Wild/Captive Elephants| Supreme Court empowers High-Powered Committee constituted by Tripura High Court; extends jurisdiction to PAN India

In a Miscellaneous Application seeking clarification of Court’s order restricting the transfer/sale/gift/entrustment of elephants being confined to Karnataka, the Division Bench of Krishna Murari and Ahsanuddin Amanullah, JJ. referred to other PILs filed before various High Courts and upheld the Tripura High Court’s decision of constituting a High-Powered Committee and extended its powers across the Country in the public interest and for the advancement of the cause of welfare, care and rehabilitation of wild animals. Read more..

[Muruly M.S. v. State of Karnataka, 2023 SCC OnLine SC 224]

Supreme Court grants anticipatory bail to accused without imposing any condition of deposit of revenue loss

In an appeal arises out of judgment and order dated passed by Uttaranchal High Court rejecting the anticipatory bail of the appellant/accused in connection with summons issued by Deputy Commissioner State (GST) under Section 70 of the Uttarakhand Goods and Services Tax/Central Goods and Services Tax Act, 2017 (‘GST Act’), the division bench of Krishna Murari and Ahsanuddin Amanullah, JJ. granted anticipatory bail to the accused without imposing any condition as suggested by Additional Solicitor General and set aside the judgment and order dated passed by Uttarakhand High Court. Read more..

[Rajesh Kumar Dudani v State of Uttarakhand, 2023 SCC OnLine SC 128]

Supreme Court grants anticipatory bail to 85% disabled accused in cheating case

In a special leave petition filed against the judgment and order of the Rajasthan High Court, wherein the Court refused to grant the benefit of anticipatory bail to the accused., the division bench of Krishna Murari and Ahsanuddin Amanullah, JJ. has granted anticipatory bail to the accused. Read more..

[Prem Singh v State of Rajasthan, 2023 SCC OnLine SC 128]

Notable Decisions of the High Courts

Patna High Court| Women have right to marry anyone of choice; Family/Societal Recognition not required under law

Right to choose a life partner on attaining a majority is inherent under the Right to Life and Personal Liberty enshrined under Article 21 of the Constitution. A recent judgment was given by the Division Bench of Ahsanuddin Amanullah, and Purnendu Singh, JJ., observed that intimate relationships between two consenting majors do not require societal recognition to get recognized under the law. Therefore, the Bench held that a girl who has attained the age of majority has the right to choose a life partner and form a family.Read more..

[Amit Raj v. State of Bihar, 2022 SCC OnLine Pat 1671]

Special 5-Judge Bench of Patna HC directs to demolish entire building of newly erected Waqf Bhawan constructed in proximity of Centenary Building of the HC; Justice Ahsanuddin Amanullah dissents

A Special 5-Judges Bench comprising of Ashwani Kumar Singh, Vikash Jain, Ahsanuddin Amanullah, Rajendra Kumar Mishra and Chakradhari Sharan Singh, JJ., had by the majority of 4:1, directed to demolish the entire building of newly erected Waqf Bhawan which was constructed in proximity of the northern side of the newly inaugurated Centenary Building of the Patna High Court. The Court opined. “The structure has been constructed in utter and brazen violation of provisions of law across statutes, starting from Section 32 of the Central Act, through the various provisions of the Municipal Act, and finally Bye-law 21, as discussed above, and must be held to be illegal and non-est from the word go.” Read more..

[Suo Motu cognizance taken by the Court vide order dated 01-03-2021 of a structure on the north side adjacent to the Centenary Building of the Patna High Court which came up during Covid-19 Pandemic, In Re., 2021 SCC OnLine Pat 1633]

Andhra Pradesh High Court upholds and modifies conviction from S. 302 to 304 Part II IPC for lack of premeditation or intention to kill

In an appeal filed against the judgment dated 16-04-2015 passed by the Special Judge for Trial of Cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by which the appellant, having been found guilty of the offence under Section 302 of the Penal Code, 1860 has been convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/- and in default thereof to undergo two years’ simple imprisonment, a division bench of Ahsanuddin Amanullah and G Ramakrishna Prasad, JJ., upholds the conviction of the appellant for the action of causing the deceased’s death but modifies such conviction from Section 302 of IPC to Section 304 – Part II of IPC as there was no premeditation nor an intention to kill the deceased.

[Harijana Katthi Krishna v State of Andhra Pradesh, 2022 SCC OnLine AP 563]

Andhra Pradesh High Court upholds conviction under Contempt of Courts Act due to wilful disobedience of the order

In an appeal filed under Section 19(1) of the Contempt of Courts Act, 1971 by way of which the appellant impugns the judgement and order dated 21-10-2021 passed by the Single Judge in a contempt case, whereby the appellant, upon his conviction for having committed contempt of Court, has been sentenced to undergo simple imprisonment for a period of four weeks and subjected to a fine of INR 2,000/- payable within two weeks from the date of the order, failing which he would be liable for further simple imprisonment of two weeks. A division bench of Ahsanuddin Amanullah and B Krishna Mohan JJ., upholds conviction of the appellant however, owing to his unblemished track record in his long career, modified the impugned order by increasing the fine to Rs. 10,000/- (Rupees Ten Thousand) and reducing the imprisonment awarded to one week.

[N Prateep Kumar v M Jagadish Chandra Prasad, 2022 SCC OnLine Del 512]