{"id":280546,"date":"2022-12-28T15:30:22","date_gmt":"2022-12-28T10:00:22","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=280546"},"modified":"2023-02-03T09:43:02","modified_gmt":"2023-02-03T04:13:02","slug":"supreme-court-constitution-bench-2022-roundup-the-matters-to-look-forward-to-in-2023","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2022\/12\/28\/supreme-court-constitution-bench-2022-roundup-the-matters-to-look-forward-to-in-2023\/","title":{"rendered":"Supreme Court Constitution Bench 2022 Roundup & the matters to look forward to in 2023"},"content":{"rendered":"
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The year 2022 has seen formation of multiple Constitution Benches and its hearings, wherein out of pending 498 Constitution Bench matters<\/a>, 25 matters were listed before the Supreme Court from 29-08-20221<\/sup><\/a> The matters involve issues relating to validity of All India Bar Exam, WhatsApp privacy policy, challenge to demonitisation policy, constitutionality of Muslim marriage laws, grant of minority status to Sikhs in Punjab etc.<\/p>\n

Since 2022, the Constitution Benches sit every day, and their hearings are live telecasted<\/a>. This change has been brought by former Chief Justice of India Uday Umesh Lalit, who once said that he has never seen two constitution benches at the same time in the Supreme Court, adding that every Supreme Court judge is \u201cgood enough\u201d to be given equal chance to become a part of the Constitution Benches.2<\/sup><\/a><\/p>\n

Here is a brief recap of all the developments advanced by the constitution benches of the Supreme Court this year:<\/p>\n

In absence of complainant\u2019s direct evidence of bribe, presumption of Public Servant\u2019s guilt can be drawn based on other evidence<\/b><\/p>\n

The 5-Judge Constitution Bench comprising of SA Nazeer, BR Gavai, AS Bopanna,V Ramasubramanian and BV Nagarathna, JJ has answered an important question pertaining to the Prevention of Corruption Act, 1988<\/a>. Justice BV Nagarathna wrote this judgment.<\/p>\n

Issue<\/b><\/p>\n

In the absence of the complainant letting in direct evidence of demand owing to the non-availability of the complainant or owing to his death or other reason, whether the demand for illegal gratification could be established by other evidence as in the absence of proof of demand, a legal presumption under Section 20 of the Act would not arise.<\/p>\n

Held<\/b><\/p>\n

In the absence of evidence of the complainant (direct\/primary, oral\/documentary evidence), it is permissible to draw an inference of culpability\/guilt of a public servant under Section 7 and Section 13(1)(d) read with Section 13(2) of the Act, based on other evidence adduced by the prosecution.<\/p>\n

The trial does not abate, nor does it result in an order of acquittal of the accused public servant if the complainant turns \u2018hostile\u2019 or has died or is unavailable to let in his evidence. Read more<\/a><\/p>\n

[Neeraj Datta v. State, 2022 SCC OnLine SC 1724<\/a> <\/span>, decided on 15-12-2022<\/span>]<\/p>\n<\/div>\n

 <\/p>\n

Section 319 CrPC power to be exercised before pronouncement of order of sentence or acquittal, as the case may be; SC enumerates 12 guidelines<\/span><\/b>\u00a0<\/span><\/p>\n

Three important questions relating to Section 319 CrPC have been answered by the 5-judge bench of SA Nazeer, BR Gavai,\u00a0AS Bopanna, V. Ramasubramanian and BV Nagarathna, JJ after, on\u00a0<\/span>10.05.2019<\/span><\/a>, a division Bench of NV Ramana and MM Shantagoudar, JJ observed that the question regarding the actual stage at which the trial is said to have concluded is required to be authoritatively considered since the power under Section 319 of CrPC is extraordinary in nature.<\/span>\u00a0<\/span><\/p>\n

Issues<\/span><\/b>\u00a0<\/span><\/p>\n