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2025 Supreme(SC) 1360

DIPANKAR DATTA, AUGUSTINE GEORGE MASIH
Sk. Md. Anisur Rahaman – Appellant
Versus
State Of West Bengal – Respondent


Advocates Appeared:
For the Petitioner(s): Mr. Amarjit Singh Bedi, AOR
For the Respondent(s): Mr. Shadan Farasat, Sr. Adv. Mr. Kunal Mimani, AOR Ms. Shraddha Chirania, Adv. Mr. P. S. Patwalia, Sr. Adv. Mr. Soumya Nag, Adv. Ms. Manya Hasija, Adv. Mr. T.illayarasu, Adv. Mr. Saurabh Guha, Adv. Mr. Siddhesh Shirish Kotwal, AOR

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. Finality of Supreme Court Verdicts:
    A verdict pronounced by a Bench on a specific issue of law, arising from the facts involved, should be considered final and binding on all courts. Reopening or revisiting such verdicts without substantial reasons undermines the authority of the Supreme Court and the principle of finality in judicial decisions, thereby affecting public confidence in the judiciary (!) (!) (!) (!) .

  2. Importance of Judicial Discipline and Decorum:
    The Court emphasizes that judicial decorum must be maintained, especially in cases involving adverse remarks against prosecutors or other judicial officers. Criticisms should be justified, and undue remarks, particularly those unjustly criticizing prosecutors or other officials, are unwarranted and can undermine the integrity of the judicial process (!) (!) (!) (!) .

  3. Finality and Consistency in Legal Interpretation:
    The doctrine of finality serves to prevent endless litigation and uphold the credibility of judicial pronouncements. Reopening settled issues or verdicts solely due to the emergence of a different perspective is discouraged, as it can erode the authority and consistency of the Court’s decisions under Article 141 (!) (!) .

  4. Balancing Rights and Public Confidence:
    While the right to liberty under Article 21 is fundamental, it must be balanced against the interests of justice, witness protection, and public confidence. Orders such as bail conditions are justified based on the circumstances, including the stage of trial, threat perception, and the need to ensure a fair trial (!) (!) (!) (!) .

  5. Role of the Court in Ensuring Fair Trials:
    The Court underscores that the trial process must be fair, effective, and conducted with diligence. Orders and directions are aimed at expediting proceedings while safeguarding the rights of all parties, including witnesses’ safety and the integrity of evidence (!) (!) (!) .

  6. Respect for Judicial Orders and Finality:
    Judicial orders, especially those related to bail, transfer, or procedural directions, should be respected and followed. Modifications or cancellations are to be made only in exceptional circumstances, and subsequent benches should generally uphold earlier orders unless gross errors are evident (!) (!) (!) .

  7. Judicial Hierarchy and Authority:
    The Court highlights the importance of respecting the hierarchical authority of judgments and the need for subsequent benches to defer to earlier decisions unless there are compelling reasons to revisit them. This preserves the integrity of judicial pronouncements and maintains public trust (!) (!) .

  8. Conduct of Prosecutors and Judicial Officers:
    Prosecutors and judicial officers are expected to perform their duties with integrity, diligence, and impartiality. Criticisms or remarks against them should be based on substantive grounds, and unwarranted comments are discouraged to uphold the dignity of the judicial process (!) (!) (!) .

  9. Trial Management and Expeditious Proceedings:
    The Court emphasizes the importance of managing trials effectively, including scheduling witness examinations and avoiding unnecessary delays. Orders for expeditious conclusion aim to balance the rights of the accused with the need for a fair and timely trial (!) (!) (!) (!) .

  10. Preservation of Fundamental Rights and Public Interest:
    While safeguarding individual rights, the Court recognizes the importance of maintaining public confidence, especially in cases involving serious offences, witness protection, and the integrity of the prosecution process. Orders restricting movement or bail conditions are justified based on the circumstances and stage of proceedings (!) (!) .

These points reflect the Court’s overarching principles regarding the finality of judgments, judicial decorum, procedural integrity, and the balance between individual rights and public interest, as derived from the detailed case analysis.


JUDGMENT :

DIPANKAR DATTA, J.

FACTS

1. The basic facts, relevant for disposal of the application for cancellation of bail (I.A. No.244053/2025) and the application for modification of one of the conditions for bail (I.A. No.197604/2025) along with an application for condonation of delay (I.A. No.227763/2025) in presentation of such application for modification, which we propose to dispose of by this common order, are not in dispute.

2. SK. Md. Anisur Rahaman1[Anisur] along with several co-accused is facing trial, inter alia, for the offence of murder. By an order of this Court dated 3rd January, 2025, Anisur has been granted bail. While Anisur seeks modification of the condition that requires him to remain confined to the city of Kolkata after his release on bail, Afjal Ali Sha @ Abjal Shaukat Sha2[Afjal] (brother of Kurban Sha3[the victim]) seeks cancellation of bail granted to Anisur on the grounds urged in the application for cancellation.

3. Panskura P.S. Case No.496 of 2019 dated 8th October, 2019 was registered under Section 302/120B, Indian Penal Code, 18604[IPC] read with section 25/27 of the Arms Act, 1959 at the instance of one Jahar Sha5[the de-facto complainant] (nephew of t

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Judicial Analysis

None of the cases listed explicitly indicate that they have been overruled, reversed, or treated as bad law. The provided case law description pertains to the Supreme Court’s stance on the finality of judgments and the availability of curative petitions, but there is no indication within the text that this case has been overruled or discredited in subsequent rulings.

[Followed]

No cases explicitly indicated as being followed, as the list does not reference subsequent cases or judicial treatment beyond the initial ruling.

[Distinguished]

No cases explicitly distinguished in subsequent judgments, based on the provided information.

[Criticized or Questioned]

The case law description does not mention any criticism or questioning of this judgment in later decisions.

[Reversed, Overruled, or Abrogated]

There is no indication that this case has been reversed, overruled, or abrogated. The language emphasizes the Court’s final authority and the conditions under which a litigant may seek a curative petition, but does not suggest any subsequent invalidation or overturning.

Since the treatment of the case law is not explicitly stated and there are no references to subsequent judicial treatment, this case remains unclassified regarding its current standing. Without additional case law references or judicial citations, its precise treatment in later jurisprudence remains uncertain.

**Source :** Rupa Ashok Hurra: Birla Textiles VS Ashok Hurra: Union Of India - Supreme Court

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