SC: Finality Of Judicial Decisions To Be The Hallmarks Of A Sound Justice Delivery System

New Delhi: The Supreme Court on Tuesday emphasized that consistency, certainty, predictability and finality of judicial decisions are the hallmarks of a sound justice delivery system.

The matter was heard by a bench comprising justices Dipankar Datta and Manmohan. The bench was hearing an appeal against a September 2020 order of the Madras High Court. The high court had set off a convict's certain remand period as an undertrial prisoner under Section 428 of the CrPC, paving the way for his release. Section 428 of the erstwhile CrPC deals with the period of detention undergone by the accused to be set off against the sentence of imprisonment. The convict belonged to the proscribed Tamil Nadu Liberation Army.

The apex court referred the matter to the Chief Justice of India to consider the desirability of constituting a bench of appropriate strength for a proper interpretation of Section 428 of the CrPC. “Consistency, certainty, predictability and finality of judicial decisions are the hallmarks of a sound justice delivery system," said the bench.

The bench said the appeal before it involved a serious question on the proper interpretation of Section 428 of the CrPC, and also expressed its inability to reconcile the divergent views expressed in a previous verdict of the apex court on the issue.

The bench said the direction of the high court for setting off in the judgment under challenge before the apex court should remain stayed until further orders. The apex court clarified that if the convict was released, he may not be taken back into custody.