Know Thy Judge | Justice Sanjay Karol’s inspirational journey from India’s first heritage village to the Supreme Court

Hailing from India’s first heritage village, Justice Sanjay Karol’s remarkable career so far showcases his passion not just for upholding the Rule of Law, but also for humanitarian causes from time to time. Therefore, for the benefit of our readers, we have curated not just the notable judgments rendered by Justice Karol, but also some heart touching anecdotes which reveals his zeal to reach out to the common man and help them.

Early Life and Education

Justice Sanjay Karol was born on 23-08-1961 and hails from village Garli — the first heritage village of India, District Kangra, Himachal Pradesh.¹ He completed his schooling from St. Edwards School, Shimla and obtained a bachelor’s degree in History from Government Degree College, Shimla² and a degree in Law at the Himachal Pradesh University.³

Career Trajectory

As an Advocate

Justice Karol enrolled as an advocate in 1986 and practiced across fora at Delhi and other High Courts. He practiced in Constitutional, Taxation, Corporate, Civil and Criminal matters and appeared as Counsel in the Inter-State water Dispute (BBMB Project) in the Supreme Court of India.⁴ He was appointed Advocate General of the State of Himachal Pradesh in 1998 and served in that capacity till 2003. He was conferred the designation of Senior Advocate in 1999.⁵

As a Judge

Justice Karol was elevated as a Judge of the Himachal Pradesh High Court on 08-03-2007⁶ and later discharged his duties as Acting Chief Justice of the same High Court from 25-04-2017 to 05-10-2018.

Justice Karol served Himachal Pradesh High Court for a period of eleven and a half years.⁷ He was also the patron-in-chief of Himachal Pradesh Legal Services Authority and the Chancellor of the Himachal Pradesh National Law University.

He was then appointed as Chief Justice of Tripura High Court on 09-11-2018⁸ and was also the patron-in-chief of Tripura Legal Services Authority. Justice Karol served as Chief Justice of Tripura High Court until his transfer to the Patna High Court⁹ where he was appointed as Chief Justice on 11-11-2019 and furthermore served as the Chancellor of the Chanakya National Law University.

Justice Sanjay Karol was elevated as Judge of the Supreme Court of India on 06-02-2023.¹⁰

Did you Know? When Justice Karol took charge as Chief Justice of Tripura High Court, the number of pending cases was 60,724. Due to Justice Karol’s active and concerted efforts the figure significantly reduced to 26,834 as on 31-08-2019 .¹¹

Notable Judgments by Justice Sanjay Karol

Supreme Court

Bail Order of Wrestler Sushil Kumar in Sagar Dhankhar murder case set aside

In a criminal appeal filed against the order passed by Delhi High Court, wherein, the High Court granted bail to Olympian Wrestler Sushil Kumar’s (accused) in the Sagar Dhankhar murder case, the Division Bench of Sanjay Karol* and Prashant Kumar Mishra, JJ. viewed that the High Court had erroneously passed an order releasing the accused on bail. Thus, the Court set aside the impugned order passed by the High Court and directed the accused to surrender before the court concerned within one week. Read more

[Ashok Dhankad v. State (NCT of Delhi), 2025 SCC OnLine SC 1690]

Convict who murdered family released from death row

In the present case, the appellant-convict suspected infidelity of his wife and that his three children were not his own, brutally assaulted them, which resulted in their death. The 3-Judges Bench of Vikram Nath, Sanjay Karol*, and Sandeep Mehta, JJ., while affirming the findings of the Courts below regarding the appellant’s conviction for the barbaric and ruthless murders of his family members, opined that the High Court, despite having considerable information, did not consider it appropriately and sufficiently, in relation to the findings of report that detailed the appellant’s social and psychological backdrop. The Court, after considering the total circumstances that drove the appellant to the point of committing the crime of a most reprehensible nature, opined that death penalty might not be appropriate and thus, party allowed the appeals to the extent that he was released from death row, and held that he should await his last breath in prison, without remission. Read more

[Byluru Thippaiah v. State of Karnataka, 2025 SCC OnLine SC 1455]

Tribal woman entitled to equal share in ancestral property

While considering an appeal wherein the Court had to deliberate that whether a tribal woman (or her legal heirs) would be entitled to an equal share in her ancestral property or not; the Division Bench of Sanjay Karol* and Joymalya Bagchi, JJ., opined that, unless otherwise prescribed in law, denying the female heir a right in the property only exacerbates gender discrimination, which the law should ensure to weed out. Therefore, in keeping with the principles of justice, equity and good conscience, read along with the overarching effect of Article 14 of the Constitution, the Court held that in the instant case, since the Plaintiffs were D’s (Tribal woman heir) legal heirs, they are entitled to their equal share in the property of their maternal grandfather. Read more

[Ram Charan v. Sukhram, 2025 SCC OnLine SC 1465]

Guidelines for DNA evidence handling issued

While considering the instant appeal challenging conviction and sentence of death penalty to the appellant (convict) which was affirmed by Madras High Court via the impugned judgment; the 3 Judges Bench of Vikram Nath, Sanjay Karol* and Sandeep Mehta, JJ., emphasised need of a legislative framework to compensate accused persons who have been suffering long incarcerations only for them to be cleanly acquitted. The Court further took strict note of the faulty investigation and especially the treatment of the DNA evidence in ways that rendered the samples useless for the purposes of the case. Hence, the Court issued the guidelines which must be followed in all cases where DNA Evidence is involved. Read more

[Kattavellai v. State of Tamil Nadu, 2025 SCC OnLine SC 1439]

Right to close business protected under Art. 19(1)(g), but subject to reasonable restrictions

The Division Bench of Sanjay Karol* and Prashant Kumar Mishra, JJ. held that the fundamental right guaranteed under Article 19(1)(g) of the Constitution, the right to practise any profession or to carry on any occupation, trade or business, includes the right not to carry it on as well, thereby extending constitutional protection to decisions of voluntary closure by businesses. Read more

[Harinagar sugar mills v state of Maharashtra, 2025 SCC Online SC 1303]

Wider interpretation to ‘legal representatives’ under motor vehicles accident claim

In a batch of civil appeals by the dependents of the deceased against the Madhya Pradesh High Court’s decision, seeking enhanced amount of compensation under the Motor Vehicles Act, 1988 on account of death of 24-year-old deceased, the Division Bench of Sanjay Karol and Prashant Kumar Mishra, JJ. allowed the appeal and modified the amount from Rs.9,77,200/- to Rs. 17,52,500/-. Placing reliance upon N. Jayasree v. Cholamandalam MS General Insurance Company Ltd., (2022) 14 SCC 712, wherein, it was said that the term “legal representative” should be given a wider interpretation for the purpose of Chapter XII of the MV Act and it should not be confined only to mean the spouse, parents and children of the deceased, the Court held that the father and younger sister of the deceased, both not financially independent, were falling under the definition of legal representatives to claim the compensation under the Motor Vehicles Act, 1988, and they were considered as dependents upon the income of the deceased, as he was doing wholesale business of selling fruits to meet the day-to-day expenses of the family. Read more

[Sadhana Tomar v. Ashok Kushwaha, 2025 SCC OnLine SC 554]

Application of force must be with the intent to outrage modesty of woman

In a criminal appeal assailing the Allahabad High Court’s judgment, whereby the accused person’s application under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) to quash the chargesheet and proceedings for an offence under Section 354 and 506 of the Penal Code, 1860 (‘IPC’) was allowed, the Division Bench of CT Ravikumar and Sanjay Karol*, JJ. held that the sum total of the circumstances, submissions and documents on record, did not point to the committal of any offence against the complainant. Hence, the Court set aside the impugned judgement of the High Court of Judicature and resultantly, the criminal proceedings arising out of FIR were also quashed qua the present accused person. Read more

[Naresh Aneja v. State of U.P., (2025) 2 SCC 604]

Transfer of investigation to CBI in special circumstances; Madras HC order for re-investigation set aside

In a criminal appeal against a decision of the Madras High Court, wherein, the accused person’s application under Section 482 of the Code of Criminal Procedure, 1973 for quashing the chargesheet/ final report and proceedings pending before the Special Court for Protection of Children from Sexual Offences Act, 2012 (‘POCSO’) was dealt with and the High Court while acquitting him of all the charges due to lack of evidence, directed to transfer all the relevant documents to CBI for re-investigation, the Division Bench of CT Ravikumar and Sanjay Karol*, JJ. held that the High Court’s decision was bad in law and therefore quashed and set aside. Acquitting the accused of all the charges, the Bench quashed all the proceedings subsequent to such direction. Read more

[P. Manikandan v. CBI, 2024 SCC OnLine SC 3808]

Woman humiliated, accused of witchcraft and disrobed; Patna HC’s order of stay on investigation set aside

In a special leave petition criminal challenging the Patna High Court’s order staying the investigation in a case wherein, the accused persons were accused of subjecting a female to allegations of witchcraft and also disrobing her, the Division Bench of CT Ravikumar and Sanjay Karol*, JJ. was aghast over the High Court’s order and directed the Trial Court concerned to take the matter on day to day basis. The Court observed-

“Dignity goes to the very core of the existence of an individual in society. Any action which undermines dignity either by an act of another person or that of the State is potentially going against the spirit of the Constitution of India, which guarantees the security of all persons by ensuring that justice, liberty and equality are avouched for each and every person. By extension, if the dignity of a person is compromised, their human rights, available to them by virtue of them being humans and guaranteed by various enactments, both national and international, are imperilled.” Read more

[Rajeev Kumar Upadhyay v. Srikant Upadhyay, 2024 SCC OnLine SC 3807]

‘Right to maintenance’ is sufficient for ripening possession into full ownership if property is given in lieu of maintenance

In a civil appeal against a decision of the Andhra Pradesh High Court dismissing an appeal under Section 96 of the Civil Procedure Code, 1908 (‘CPC’) and Cross Objections filed under Order XLI Rule 22 respectively, against a judgment and decree pertaining to a property dispute in favour of the respondents, the Division Bench of C.T. Ravikumar and Sanjay Karol*, JJ. dealt with the issue that whether the present appellant/ original defendants were entitled to the entire property, in line with the position that their mother, by virtue of the Hindu Succession Act, 1956, would have absolute rights over the subject property and, therefore, be able to bequeath the same by way of Will to her successors. The Bench dismissing the appeal, clarified that the partition deed of 1933 clears that 3.55 Cents of land would be enjoyed by appellants’ mother as a life interest and thereafter would devolve upon the two lines of succession. The absolute rights extended only to 2.09 Cents of land, as per the partition deed of 1933. Read more

[Kallakuri Pattabhiramaswamy v. Kallakuri Kamaraju, 2024 SCC OnLine SC 3379]

Aadhar not proof of date of birth; age determination using School Leaving Certificate affirmed

While deciding the instant appeal wherein the appellants were aggrieved by Punjab and Haryana High Court’s decision to reduce compensation awarded to them by the Motor Accidents Claim Tribunal (MACT) and applying the date of birth as stated in the deceased person’s Aadhar card to determine the applicable multiplier; the Division Bench of Sanjay Karol* and Ujjal Bhuyan, JJ., took judicial notice of the Circular No.08 of 2023 issued by Unique Identification Authority of India, wherein it was stated that an Aadhar Card, while can be used to establish identity, it is not per se proof of date of birth. Hence, the Court found no error with MACT’s method of age determination of the deceased person, based on his School Leaving Certificate. Read more

[Saroj v. Iffco-Tokio General Insurance Co., 2024 SCC OnLine SC 3038]

Position of law vis-a-vis woman being the sole owner of ‘Stridhan’ is consistent and unequivocal

While considering the instant appeal challenging the order passed by Telangana High Court, refusing to quash proceedings under Section 406 of Penal Code, 1860 and Section 6 of the Dowry Prohibition Act, 1961; the Division Bench of J.K Maheshwari and Sanjay Karol*, JJ., pointed out that the position of law has remained consistent throughout since 1985, till date, regarding the sole authority of the woman in respect of her ‘stridhan’ as has also been held recently in Mala Kar v. State of Uttarakhand, 2024 SCC OnLine SC 1049. The jurisprudence as has been developed by the Supreme Court, is unequivocal with respect to the singular right of the female (wife or former wife), being the sole owner of ‘stridhan’ with husband having no right over it. The Court further concluded that a father too, has no right when the daughter is alive, well, and entirely capable of making decisions such as pursuing the cause of the recovery of her ‘stridhan’. Read more

[Mulakala Malleshwara Rao v. State of Telangana, 2024 SCC OnLine SC 2285]

Contempt notice issued to Manipur Chief Secretary over service continuity & consequential benefits to re-appointed MPSC officers

In a contempt petition against Chief Secretary of Manipur for contempt of Court’s directive in State of Manipur v. Shalini Chingtham, whereby it was directed that the candidates who were already appointed on the basis of results of the Manipur Civil Services Combined Competitive (Main) Examination, 2016 conducted in September, 2016, if successful in the re-conducted main examination, they would be given continuity of service and consequential benefits upon being appointed against the concerned posts, the Division Bench of CT Ravikumar* and Sanjay Karol, JJ. issued notice to the Chief Secretary, Manipur and the Secretary, Land Resources Department. Read more

[Laishram Tarajeet Singh v. Vineet Joshi¹²]

14-Days timeline under UAPA for grant of sanction mandatory

Deciding the issues relating to the stage for challenging the validity of sanction under the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’), the Division Bench of CT Ravikumar and Sanjay Karol*, JJ held that the validity of sanction should be challenged at the earliest instance available, before the Trial Court. The Court further explained that if such a challenge is raised at an appellate stage it would be for the person raising the challenge to justify the reasons for bringing the same at a belated stage. Such reasons would have to be considered independently so as to ensure that there is no misuse of the right of challenge with the aim to stall or delay proceedings. The Court also held that the timelines mentioned in Rules 3 & 4 of the Unlawful Activities (Prevention) (Recommendation & Sanction of Prosecution) Rules, 2008 (‘2008 Rules’) are couched in mandatory language and, therefore, have to be strictly followed. The Court, however, clarified that the observations made in this judgment shall apply prospectively. Read more

[Fuleshwar Gope v. Union of India, 2024 SCC OnLine SC 2610]

Involuntary or forced narco-analysis test impermissible

In a criminal appeal against Patna High Court’s decision, which had allowed narco-analysis testing of accused persons during an ongoing criminal investigation, the Division Bench of Sanjay Karol* and Prasanna B. Varale, JJ. held that compelling an accused to undergo such a test without free consent violates their fundamental rights under Articles 20(3) and 21 of the Constitution. Reaffirming its decision in Selvi v. State of Karnataka, (2010) 7 SCC 263, the Court reiterated that involuntary administration of narco-analysis tests is unconstitutional and any information obtained therefrom cannot be used as evidence. Read more

[Amlesh Kumar v. State of Bihar, 2025 SCC OnLine SC 1326]

Woman accused of killing newborn acquitted

In a criminal appeal filed by the convict against the impugned judgment passed by the Chhattisgarh High Court, wherein the Court convicted the accused under Section 302 of Penal Code, 1860 (‘IPC’), the division bench of Abhay S. Oka and Sanjay Karol*, JJ., while setting aside the impugned judgment, observed that the High Court has confirmed the view of the Trial Court awarding life imprisonment without supplying any cogent reasons. Further, acquitted the convict of all charges and set her at liberty. Further, it said that although there is a requirement by law to disclose the aspects required to adjudicate in a criminal matter, such duty cannot unreasonably and unwarrantedly step over the fundamental right of privacy. Read more

[Indrakunwar v. State of Chhattisgarh, 2023 SCC OnLine SC 1364]

Silence of minor victim in a sexual assault case cannot accrue benefit to the accused

In a criminal appeal filed by the respondent against the Rajasthan High Court’s finding of acquittal in a case concerning the sexual assault of a minor girl, the Division Bench of Vikram Nath and Sanjay Karol*, JJ., allowed the appeal and set aside the judgment of acquittal passed by the Rajasthan High Court which had reversed the Trial Court’s conviction of the accused.

“Trauma has engulfed her in silence. It would be unfair to burden her young shoulders with the weight of the entire prosecution. A child traumatized at a tender age by this ghastly imposition upon her has to be relieved of being the basis on which her offender can be put behind bars. In almost all other cases, the testimony of the prosecutrix is present and forms an essential part of the conviction of an accused, but at the same time, there is no hard and fast rule that in the absence of such a statement a conviction cannot stand, particularly when other evidence, medical and circumstantial, is available pointing to such a conclusion.”

[State of Rajasthan v. Chatra, 2025 SCC OnLine SC 566]

Every document pertaining to election is important and efforts should be made to preserve the same

In a civil appeal filed against the order of the Allahabad High Court, by which the High Court had set aside the order of the Election Tribunal for re-counting of votes, the Division Bench of Sanjay Karol* and N. Kotiswar Singh, JJ. held that the order for re-counting of votes was not illegal, since three out of four candidates had questioned the veracity of the election and important documents were missing and their absence was unexplained. The Court held that the sanctity of each vote has to be protected and if the presiding officers’ records are missing and cannot be verified, the final election outcome is questionable. The Court found that a re-count was justified.

[Vijay Bahadur v. Sunil Kumar, (2025) 4 SCC 180]

Death sentence commuted to life imprisonment for man accused of murdering his own children

In criminal appeals filed by the appellant challenging the judgment of the Karnataka High Court which had confirmed his conviction and death sentence for murder of his own two children, the Division Bench of Vikram Nath, Sanjay Karol*, and Sandeep Mehta, JJ., noting that the accused had no criminal antecedent, had good relations with the deceased and all mitigating circumstances were not considered, commuted the death sentence of the accused to imprisonment for life.

[Ramesh A. Naika v. Registrar General, 2025 SCC OnLine SC 575]

Evidence of prosecution needs to be clear and unimpeachable to establish guilt

In a criminal appeal challenging the order of the Allahabad High Court, which confirmed the death sentence of the appellant for the alleged rape and murder of a four-year-old girl, the division bench of Vikram Nath, Sanjay Karol*, and Sandeep Mehta, JJ., held that the prosecution had failed to prove the guilt of the accused beyond a reasonable doubt. The Court found that the prosecution’s evidence did not establish the chain of events to conclusively prove that the accused was with the victim or that he was responsible for her death. Therefore, the Court acquitted the accused and set aside his conviction and death sentence.

[Sanjay v. State of U.P., 2025 SCC OnLine SC 572]

National Policy of Genetically Mutated Crops

In a plea against approval by the Genetic Engineering Appraisal Committee’s (‘GEAC’) for environmental release of Dhara Mustard Hybrid-11 (DMH-11) mustard, the Division Bench of B.V Nagarathna and Sanjay Karol, JJ. delivered split verdict. Justice Nagarathna* quashed the approval given by the GEAC and the Ministry of Environment Forests and Climate Change (‘MoEFCC’), whereas, Justice Sanjay Karol* upheld the approval to the genetically mutated mustard. Justice Karol held that the decision of the GEAC to grant conditional approval was not vitiated by non-application of mind, or any other principle of law, on part of the body, which itself is an expert body.

National Policy on GM crops was unanimously called for directing the Union of India to evolve a National Policy on GM crops in the realm of research, cultivation, trade and commerce in the country, in consultation with all stakeholders, such as, experts in the field of agriculture, biotechnology, State Governments, representatives of the farmers, etc. Read more

[Gene Campaign v. Union of India, 2024 SCC OnLine SC 1793]

Non-recording of a disclosure statement in language known to accused

The three Judge Bench of B.R. Gavai, Vikram Nath and Sanjay Karol*, JJ. while considering seminal issues relating to non-recording of a disclosure statement in same language known to accused and DNA evidence, set aside the conviction death sentence for offence under Sections 302, 376, 377 and 201 IPC upon noting that the statutory safeguards in reference to language were not complied with, causing prejudice to the appellant in terms of authority wherein it was laid down that the accused in a particular case was not acquainted with the English language and if by reason of the absence of adequate arrangements to have the proceedings interpreted to him in the language he understands, he is prejudiced in his trial, obviously it might be a ground which may be raised on his behalf in an appeal against his conviction.

[Prakash Nishad v. State of Maharashtra, 2023 SCC OnLine SC 666]

Enhanced Motor Accident Claim Compensation

In an appeal questioning the correctness of the judgment and order passed by the High Court arising out of the judgment passed by the Third Motor Accident Claims Tribunal, the Division Bench of CT Ravikumar and Sanjay Karol*, JJ. enhanced the compensation reiterating that, if the deceased is holding a permanent job, 30% addition to the actual salary is to be made when the age of the deceased is between 40 to 50 years.

[Rojalini Nayak v. Ajit Sahoo, 2024 SCC OnLine SC 1901]

Compassionate Appointment on Forged Documents

The Division Bench of JK Maheshwari and Sanjay Karol*, JJ. set aside the Calcutta High Court’s decision, wherein, relief sought by the respondents against Central Administrative Tribunal’s orders setting aside their compassionate appointments for non-submission of documents and forged documents to support their appointment in Engineering Department, Howrah Division, Eastern Railway, was granted. The Court held that the impugned judgment was liable to be set aside on a further ground, since the requisite to establish eligibility for compassionate appointment was not properly fulfilled, they were appointed on the basis of false claims and fabricated documents.

[Union of India v. Prohlad Guha, 2024 SCC OnLine SC 1865]

Right to seek enhancement of awarded but unpaid Motor Accident compensation as an indigent person

The Division Bench JK Maheshwari and Sanjay Karol*, JJ. answered the question that whether a person who is entitled to receive compensation by way of a claim before the Motor Accident Claims Tribunal can be said to have given up its status as an ‘indigent person’, by virtue of the amount slated to be received (compensation). The Court allowed the appeal to file an appeal as an ‘indigent person’, as her indigency was not extinguished by the compensation awarded, for she did not receive the money at the time of filing the appeal.

The Court noted that the ground, upon which the appellant’s application to file the appeal as an indigent person was rejected, was that she had received compensation by way of the Award of the Tribunal, and therefore, she was not indigent and said that the impugned order had belied the said recording of the High Court as it was on record that the appellant was not paid at that point in time. Hence, the Court said that even though was awarded a sum, her indigency was not extinguished thereby. Read more

[Alifiya Husenbhai Keshariya v. Siddiq Ismail Sindhi, 2024 SCC OnLine SC 1093]

Did You Know? In 2019, As Chief Justice of Tripura High Court, Justice Sanjay Karol initiated a cultural program — ‘An Evening with the Angels’ on Teacher’s Day for the benefit of underprivileged children.¹³

Mesne profits are payable on continuation of possession by tenant after expiry, determination, forfeiture or termination of lease

The Calcutta High Court, in the impugned verdict, while answering the question that whether the West Bengal Tenancy Act, 1997 (‘Tenancy Act’) or the Transfer of Property Act, 1882 (‘TP Act’) was to be applied for framing of the issues in the instant landlord-tenant dispute, held that the Tenancy Act would govern the same. The petitioner-landlord, whilst the pendency of the SLP sought direction for payment of rent and other associated benefits for the property. The Division Bench of JK Maheshwari and Sanjay Karol*, JJ. directed the tenant to deposit Rs.5,15,05,512/- with the Registry of the Court. The Bench also held that mesne profits are payable on continuation of possession by tenant after expiry, determination, forfeiture or termination of lease. Read more

[Bijay Kumar Manish Kumar Huf v. Ashwin Bhanulal Desai, 2024 SCC OnLine SC 980]

Supreme Court upheld permanent status for Tamil Nadu Medical Services Corporation Employees

In a set of two cross civil appeals one by the Tamil Nadu Medical Services Corporation Limited (‘Corporation’) and the other by the Tamil Nadu Medical Services Corporation Employees Welfare Union (‘Union’), against the judgment and order of the Madras High Court wherein the grant of permanent status to the workmen employed in the Corporation was in question, the Division Bench of Sanjay Karol* and Prasanna Bhalachandra Varale, JJ. held that the Corporation could not have denied the permanent status to the workmen if they have worked consecutively for more than 480 days in a period of 24 months. The Court also concluded that the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 was applicable to the Corporation. Read more

[T.N. Medical Services Corpn. Ltd. v. T.N. Medical Services Corpn. Employees Welfare Union, 2024 SCC OnLine SC 982]

Termination of dealership agreement by HPCL for contravention of terms

In a batch of appeals against dismissal of respondent’s license as dealer for petrol/diesel/motor oil/grease and other such products of the Hindustan Petroleum Corporation Limited (appellant), the Division Bench of JK Maheshwari and Sanjay Karol*, JJ. upheld the termination of a dealership agreement by appellant holding that such termination was based on contravention of the terms of the said agreement by the dealer. It was reiterated that “any person who contravenes the Control Order is liable to be punished by the Court. Therefore, for a person to be prosecuted for violating the provisions relating to search and seizure contained in Clause (7) thereof, such a person will have to be brought to the book, particularly, for having violated the said Control Order.”

[Hindustan Petroleum Corpn. Ltd. v. Dharamnath Singh, 2024 SCC OnLine SC 987]

‘Eggshell Skull rule’ to be applied in Medical Negligence Cases of victims with pre-existing vulnerability or medical condition

In an appeal regarding medical negligence filed by the appellant for enhancement of compensation, the division bench of Sanjay Karol* and Aravind Kumar, JJ. while setting aside the impugned orders of the National Consumer Disputes Redressal Commission (‘NCDRC’) and State Consumer Disputes Redressal Commission (‘State Commission’), directed the Hospital to pay a sum of Rs.5 lakhs accompanied by interest at 9% from the date of the award passed by the District Consumer Disputes Redressal Forum (‘District Forum’) to the appellant, within a period of four weeks from the date of this judgment. The Court also imposed a cost of Rs.50,000/- in litigation cost. Read more

[Jyoti Devi v. Suket Hospital, 2024 SCC OnLine SC 581]

Criminal Court bound by Civil Court’s declaration that cheque was only for purpose of security

The Division Bench of Sanjay Karol* and Aravind Kumar, JJ. quashed concurrent conviction for offence under Section Section 138 of the NI Act, 1881, arising from the dishonour of a cheque due to insufficient funds upon considering that the Court in criminal jurisdiction imposed both sentence and damages, and reiterating that the Court in criminal jurisdiction would be bound by the civil Court having declared the cheque, the subject-matter of dispute, to be only for the purposes of security.

[Prem Raj v. Poonamma Menon, (2024) 6 SCC 143]

Conditions to Apply Section 14 Of Limitation Act

The Division Bench of Sanjay Karol* and Aravind Kumar, JJ. while dealing with Section 14 of the Limitation Act, 1963 reiterated on the conditions that must be satisfied before Section 14 can be pressed into service:

1. Both the prior and subsequent proceedings are civil proceedings prosecuted by the same party;

2. The prior proceeding had been prosecuted with due diligence and in good faith;

3. The failure of the prior proceeding was due to defect of jurisdiction or other cause of like nature;

4. The earlier proceeding and the latter proceeding must relate to the same matter in issue; and

5. Both the proceedings are in a court.”

[Purni Devi v. Babu Ram, 2024 SCC OnLine SC 482]

Director who has resigned, not liable for dishonour of cheque

The division Bench of BR Gavai and Sanjay Karol*, JJ., held that director who has resigned from his position, cannot be held liable for non -realisation of certain negotiable instruments.

[Rajesh Viren Shah v. Redington India Ltd., (2024) 4 SCC 305]

Suit for declaration of title without seeking recovery of possession, not maintainable

In a suit for declaration of title, lasting for about a decade, the Division Bench of Hrishikesh Roy and Sanjay Karol*, JJ. allowed the appeal against the High Court’s decision and discussed the interplay between adverse possession and limitation in property disputes. It was held that a person claiming adverse possession should show, as to on what date he got the possession; the nature of his possession; whether the factum of possession was known to the other party; how long his possession has continued; and that his possession was open and undisturbed. Read more

[Vasantha v. Rajalakshmi, 2024 SCC OnLine SC 132]

Grant of bail based on parity is not a claim of right

The Division Bench of Vikram Nath and Sanjay Karol*, JJ., while dealing with an appeal against cancellation of grant of anticipatory bail observed that grant of bail based on parity is not a claim of right. The same is well-established and reiterated that applying this principle of parity, the Court is required to focus on the role attached to the accused whose application is under consideration.

[Sabita Paul v. State of W.B., 2024 SCC OnLine SC 374]

Conviction under Section 302 set aside for severe lapses affecting prosecution’s case

In a set of two appeals against a decision of the Madras High Court, whereby the conviction for offence under Section 302 was affirmed, the Division Bench of Hrishikesh Roy and Sanjay Karol*, JJ., dealt with the intricacies of right to private defence. The Bench allowed the appeals and set aside the convictions on the ground that: (a) examined private persons were interested witnesses, with inconsistencies amongst them; (b) no independent witnesses were examined; (c) there was a delay in filing the FIR; (d) there were interpolations on record; (e) there were numerous lapses in the investigation; and (f) the medical and scientific evidence on record does not support the prosecution’s version of events.

[Periyasamy v. State, 2024 SCC OnLine SC 314]

Arbitral award under Section 34 of A&C Act cannot be modified

The Division Bench of Abhay S. Oka and Sanjay Karol* held that any Court under Section 34 would have no jurisdiction to modify the arbitral award, which at best, given the same to be in conflict with the grounds specified under Section 34 would be wholly unsustainable in law.

[S.V. Samudram v. State of Karnataka, (2024) 3 SCC 623]

‘Beneficial Standing Orders to prevail over employer-employee agreements’; SC holds workmen temporarily engaged with Jet Airways entitled to permanency

In an appeal against judgment passed by Bombay High Court confirming award passed by the Central Government Industrial Tribunal (‘CGIT’) on 30-03-2017 rejecting the demand of Bharatiya Kamgar Karmachari Mahasangh (‘Union’) for reinstatement with full back wages, the Division Bench of Abhay S. Oka and Sanjay Karol*, JJ. upheld the benefits which the Union was entitled to and set aside the said award and its confirmation. Read More

[Bharatiya Kamgar Karmachari Mahasangh v. Jet Airways Ltd., 2023 SCC OnLine SC 872]

Can License to practice medicine be suspended as a punishment for Contempt of Court?

In a case where the Supreme Court was called upon to decide whether the suspension of license to practice medicine can be handed down under the Contempt of Courts Act, 1971, the bench of BR Gavai and Sanjay Karol*, JJ has answered in negative and has held that awarding such punishment will be a complete disregard for the statutory text of the Contempt of Courts Act 1971. Read more

[Gostho Behari Das v. Dipak Kumar Sanyal, 2023 SCC OnLine SC 889]

Adherence to Article 14 by State is necessary even while acting in Contractual Realm

In a batch of civil appeals against the Judgment and Order of the Madras High Court, the three Judge Bench of B.R. Gavai, Sanjay Karol* and Aravind Kumar, JJ., said that the State must abide by Article 14 of the Constitution of India even if its action was in the contractual realm. Read more

[Madras Aluminium Co. Ltd. v. T.N. Electricity Board, 2023 SCC OnLine SC 783]

1996 Lajpat Nagar Blast | 27 years later, SC awards life term to 4; expresses anguish at slow trial due to ‘possible involvement of influential persons’

The 3-judge bench of BR Gavai, Vikram Nath and Sanjay Karol, JJ has awarded life imprisonment to 4 convicts in the 1996 Lajpat Nagar Bomb Blasts case that killed 13 persons and left 38 persons injured. The Court held that the prosecution proved the guilt of the accused in question in the commission of the crime and found them to be part of a conspiracy as under Section 120B Penal Code, 1860. Read more

[Mohd. Naushad v. State (NCT of Delhi), 2023 SCC OnLine SC 784]

UAPA Judgment| Justice Sanjay Karol’s opinion on reliance on American decisions to read down Section 10 UAPA

In a reference made on behalf of the Union of India and the State of Assam to larger bench, against the judgment and order passed in Arup Bhuyan v. Union of India, (2011) 3 SCC 377 as well as State of Kerala v. Raneef, (2011) 1 SCC 784, pursuant to the order passed by this Court in Arup Bhuyan v. State of Assam, (2015) 12 SCC 702, the full bench comprising of M. R. Shah*, C.T Ravikumar and Sanjay Karol*, JJ. upheld the constitutional validity of Section 10(a)(i) of the Unlawful Activities and Prevention Act, 1967 (‘UAPA’). Sanjay Karol J. concurred with the views taken by the Bench but traced the development of law on the issue in India and the application of the decisions rendered by the Courts in the United States of America. Thus, he held that placing reliance on decisions rendered in a distinct scenario as well as a demonstrably different constitutional position, especially in cases which involve considerations of national security and sovereignty, was not justified. Read more

[Arup Bhuyan v. State of Assam, 2023 SCC OnLine SC 338]

Supreme Court| Candidates for post of private secretaries at Delhi HC entitled to notional seniority in accordance with revised marks

In an appeal against the judgment and order passed by the Delhi High Court, wherein the Court has set aside the previous merit lists and directed that the seniority of candidates mentioned in final merit list and those who were granted the benefit of re-evaluation would be considered as appointed on 30-01-2017, however, their seniority and position shall be reckoned after last appointed candidate, the division bench of MR Shah* and Sanjay Karol, JJ. held that the appellants shall be entitled to the notional seniority with effect from 30-01-2017 in accordance with the revised marks on re-evaluation. Read more

[Sunil v. High Court of Delhi, 2023 SCC OnLine SC 516]

Did You Know? When Justice Karol was Acting Chief Justice of Himachal Pradesh High Court, he saved a milkman suffering from seizure by helping him reach hospital timely.¹⁴

Patna High Court

Patna HC berates Bihar Government for not prioritizing mental health of people in need; Directs State to ensure the establishment of State Mental Health Authority

The Division Bench of Sanjay Karol, CJ* and S. Kumar, J., directed the Chief Secretary, Government of Bihar to take all steps ensuring the establishment of State Mental Health Authority as per Section 45 of the Mental Health Care Act, 2017. The Bench remarked that “It appears that mental health of a person and/or treatment of those who are in need, more so during the time of COVID-19, is the least priority of the State Government.” Read more

[Akanksha Maviya v. Union of India, 2022 SCC OnLine Pat 305]

Right to Sanitation a fundamental right: Patna HC issues directions to Bihar Govt and NHAI to construct “Public toilets” on highways

Sanitation is personal and private, inextricably linked to human dignity. At the same time, sanitation has an essential public health dimension. A recent judgment by the Division bench of Sanjay Karol, CJ* and S. Kumar J*. observed that the right to sanitation comes within the scope of Article 21 and therefore, directed the State, National Highway Authority of India (NHAI), and Oil Marketing Companies (OMC) to construct public toilets and public conveniences on highways across the state of Bihar. Read more

[National Highway Projects v. State of Bihar, 2022 SCC OnLine Pat 1048]

Patna High Court | Sections 2, 3, 4 and 5 of Bihar Municipal (Amendment) Act, 2021 run contrary to Bihar Municipal Act, 2007 and 74th Constitutional Amendment Act, 1992; held unconstitutional

A Division Bench of Sanjay Karol, CJ. and S. Kumar, J. declared Bihar Municipal (Amendment) Act, 2021 as unconstitutional to the effect of amendments carried out in Sections 36, 37, 38 and 41 of the Bihar Municipal Act, 2007, by virtue of amending Sections 2, 3, 4 and 5. Read more

[Ashish Kumar Sinha v. Union of India, 2022 SCC OnLine Pat 3472]

Seats reserved for OBC/EBC for municipal body election held illegal; Patna HC directs State Election Commission to re-notify seats reserved for OBC treating them as general seats

In a case relating to the reservation to the backward class category for the post of Counsellors in Municipalities, the division bench of Sanjay Karol, CJ.* and S. Kumar, J. has held that the reservation of seats for Other Backward Classes (OBC) and Extremely Backward Classes (EBC) in urban local body elections was illegal and directed the State Election Commission to re-notify seats reserved for the OBC in the local polls as general category. In this case, the petitioner wanted the elections to the Municipal Body, to be conducted without providing reservation to the Backward Class Category, for it be in breach of the three-fold test and in the absence of reservation, the seats would be left open for General Category. However, pending adjudication the Election Commission issued a notification fixing the schedule for elections in October, 2022, while the posts of Deputy Chief Councilor of Municipalities are reserved for specified categories. Read more

[Sunil Kumar v. State of Bihar, 2022 SCC OnLine Pat 3005]

PAN card and Aadhaar Card not a proof of Indian Citizenship for Foreign National: Patna HC

The Division Bench of Sanjay Karol, C.J. and S. Kumar, J. answered the question that “Can the foreign national’s voter ID Card; PAN Card; Aadhaar Card; acquiring education or immovable property in India; having a Bank Account, function as proof of Indian Citizenship?” in negative. Indian citizens can marry a foreign national under the Special Marriage Act 1954. The Bench also said that foreign national does not become an Indian citizen on marriage with a citizen under the Act. After the marriage, the foreign national has an option to get registered as an Indian citizen. Even then, the person must fulfil the requirement of residency before they can apply for Indian Citizenship.

[Kiran Gupta v. State Election Commission, 2020 SCC OnLine Pat 1641]

Tripura High Court

No person including State shall sacrifice any animal/bird within temples: Tripura HC

In a Public Interest Litigation, the Division Bench of Sanjay Karol, C.J*. and Arindam Lodh, J. answered the questions that “Whether act of the State in offering an animal for sacrifice in the Temples in Tripura, can be said to be a secular activity and as to whether prohibiting the same would infringe the Fundamental right, as envisaged under Article 25(1) of the Constitution of India?” and that “Whether the age long practice of 500 years of sacrificing animals, after stoppage of practice of human sacrifice, in Tripureswari Devi Temple, Udaipur, Gomati District, Tripura can be construed as an essential and integral part of religion, as protected under Article 25(1) of the Constitution of India?” The Bench prohibited and banned animal/birds sacrifice in the temples and directed that- no person including the State shall be allowed to sacrifice of any animal/bird within the precincts of any one of the temples within the State of Tripura; and no person shall sacrifice such animal within the precincts of any of the temples within the State of Tripura.

[Subhas Bhattacharjee v. State of Tripura, 2019 SCC OnLine Tri 441]

Documents forming genesis of opinion in passing an order of preventive detention must be supplied to Detenu: Tripura HC

In a Habeas Corpus petition, the Division Bench of Sanjay Karol, C.J. and Arindam Lodh, J. held that not each and every document is required to be supplied to the detenu, but then the documents forming genesis of the opinion of the competent authority in passing an order of preventive detention, necessarily have to be supplied.

[Shyam Manik Debnath v. State of Tripura, 2019 SCC OnLine Tri 453]

Himachal Pradesh High Court

Did you Know? During 2018 water crisis in Shimla, control room of Shimla Municipal Corporation faced a surprise checking in the wee hours by Acting Chief Justice Sanjay Karol, who went through the records to take note of public grievances. Not only this, but Justice Karol even inspected several localities at night to take stock of water supply situation.¹⁵

Shimla Water Crisis | Himachal Pradesh HC directs no supply of water tankers to VIPs

The Himachal Pradesh High Court took suo motu cognizance of the water crisis in the State’s capital Shimla and the Division Bench of Sanjay Karol, Acting Chief Justice and Ajay Mohan Goel, J. gave stern directions that:

1. no water through water tankers shall be supplied by the Municipal Corporation, Shimla to any individual, more so in a VIP area, be it the Judges (including the Acting Chief Justice), Ministers, MLA’s Bureaucrats, Police Officers and commercial establishments;

2. all construction activity within Shimla planning area shall forthwith remain suspended for at least one week;

3. an endeavor shall be made by the Chief Secretary, Government of Himachal Pradesh/Commissioner, Municipal Corporation, Shimla, to immediately approach the Army Authorities for diverting the water used for watering the Golf Course at Annadale, situated within the Municipal limits of Shimla town as also the Indian Institute of Advanced Studies, which has got huge water storage tanks, to meet emergent situation of lack of supply of potable drinking water within the Municipal limits of Shimla town;

4. all car washing operations within Shimla town shall remain suspended for a period of one week.

[State of H.P., In re, 2018 SCC OnLine HP 720]

*Judge who authored the judgment