2015 JTR(SC) 1292
2015 3 NCC 760
SUPREME COURT OF INDIA
Hon’ble Mr. Justice Abhay Manohar Sapre
Writ Petition (Crl.) No. 48 of 2014
WITH Writ Petion (Crl.) Nos. 185, 150, 66 of 2014
AND Criminal Appeal No. 1215 of 2011
UNION OF INDIA – Petitioners
Versus
V. SRIHARAN @ MURUGAN & ORS. – Respondents
Decided on : 02.12.2015
Criminal Jurisprudence — When some issues are not dealt with or though dealt with but requires some elaboration, the same can be supplemented while concurring — No scope to meet such eventuality in present case. (Para 4)
vijkf/kd U;k;’kkL= & tc dqN fook|d pfpZr u fd, x, gksa ;k fopkfjr gksa ijUrq foLrkj dh vko’;drk gks rc lgefr }kjk iwjd fd;k tkrk gS & ijUrq orZeku okn esa dfFkr volj ij O;kidrk vko’;d ughaA ¼izLrj 4½
vijkf/kd U;k;’kkL= & tc dqN fook|d pfpZr u fd, x, gksa ;k fopkfjr gksa ijUrq foLrkj dh vko’;drk gks rc lgefr }kjk iwjd fd;k tkrk gS & ijUrq orZeku okn esa dfFkr volj ij O;kidrk vko’;d ughaA ¼izLrj 4½
For the Petitioner:Mr. Rakesh Dwivedi, Learned Senior Counsel, Mr. Ranjit Kumar, Learned Solicitor General, assisted by Ms. V. Mohana, Learned Senior Advocate
For the Respondents: Mr. Ram Jethmalani, Learned Senior Counsel
JUDGMENT :
Abhay Manohar Sapre, J. — I have had the benefit of reading the elaborate, well considered and scholarly written two separate draft opinions proposed to be pronounced by my learned Brothers Justice Fakkir Mohamed Ibrahim Kalifulla and Justice Uday Umesh Lalit.
2. Having gone through the opinions of both the learned Brothers very carefully and minutely, with respect, I am in agreement with the reasoning and the conclusion arrived at by my Brother Justice Uday Umesh Lalit in answering the reference.
3. Since I agree with the line of reasoning and the conclusion arrived at by my Brother Justice Uday Umesh Lalit while answering the questions referred to this Bench, I do not consider it necessary to give my separate reasoning nor do I wish to add anything more to what has been said by Brother Lalit J. in his opinion.
4. In my view, it is only when some issues are not dealt with or though dealt with but requires some elaboration, the same can be supplemented while concurring. I, however, do not find any scope to meet such eventuality in this case and therefore no useful purpose would be served in writing an elaborate concurring opinion.