Issue in Question: Can an Appeal Challenging Reversal of Acquittal be Summarily Dismissed?
During the hearing of Item No. 20 on January 20, 2025, the Supreme Court considered an important question of law:
![supreme court appreciates young aor for prompt assistance on question of law supreme court appreciates young aor for prompt assistance on question of law](/img/preview/custom/20250208155356_revised_karol.jpg)
Whether an appeal challenging the reversal of an acquittal could be summarily dismissed or necessarily required to be admitted for a full hearing?
Senior Advocate Mr. Anand Sanjay M Nuli, appearing for the appellant, was asked to clarify the legal position. However, as he was uncertain, he sought the assistance of Senior Advocate Mr. Siddharth Luthra, who was present in the courtroom. Mr. Luthra requested time until 4 PM to submit his research on the issue.
At this moment, Advocate Mr. Pawan Reley, who had just secured a favorable order of Anticipatory Bail in Item No. 2, informed the court that although he was not counsel on record in Item No. 20, he was prepared with the research on the question raised.
Surprised, the Court asked, "Oh, really? What is the answer?"
As Mr. Luthra approached the bench, the Court, with a kind smile, pointed to Mr. Reley and said:
"I want to hear the young man. Please go ahead and explain your proposition."
Advocate Mr. Reley then presented a detailed legal analysis inviting the attention of the Court to Order 21 Rule 15 of the Supreme Court Rules, 1966 and Order 20 Rule 5 of the Supreme Court Rules, 2013, and citing authoritative judgments namely Sita Ram and Ors. vs State of Uttar Pradesh, (1979) 2 SCC 656, Para No. 50 along with other relevant paragraphs.
Court then narrated the facts and circumstances of the case to Mr. Reley in which it specifically wanted the answer.
Then the answer was promptly given by Mr. Reley which was appreciated by the Hon'ble Court.
The Court, appreciating the prompt assistance, remarked:
"We would like to appreciate the efforts and assistance given to us by this learned young man."
At this juncture, Senior Advocate Mr. Siddharth Luthra suggested that Mr. Reley's contribution be formally recorded, stating:
"My Lords, the appearance of this young man should be recorded on the top."
The Court then dictated the order, recording the presence of Senior Advocate Mr. Siddharth Luthra, Senior Advocate Mr. Anand Sanjay M Nuli, and Advocate on Record Mr. Pawan Reley, acknowledging the assistance provided, even though Mr. Reley was not counsel on record in the matter.
The order of the Hon'ble Supreme Court is as follows:
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