New Delhi, Apr 22 (PTI) The Supreme Court on Tuesday underlined consistency, certainty, predictability and finality of judicial decisions to be the hallmarks of a sound justice delivery system.

A bench Justices Dipankar Datta and Manmohan was hearing an appeal against a September 2020 order of the Madras High Court, which set-off a convict’s certain remand period as an undertrial prisoner under Section 428 of the CrPC paving way for his release.

The top 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.

Section 428 of the erstwhile Code of Criminal Procedure deals with 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 bench said the appeal before it involved a serious question on the proper interpretation of Section 428 of the CrPC, notwithstanding that there were at least half a dozen decisions on such provision.

“Consistency, certainty, predictability and finality of judicial decisions are the hallmarks of a sound justice delivery system,” it said.

The bench expressed its inability to reconcile the divergent views expressed in a previous verdict of the apex court on the issue.

“… we feel it prudent to refer the matter to the Chief Justice of India to consider the desirability of constituting a bench of appropriate strength for proper interpretation of section 428 CrPC. Ordered accordingly,” the bench said.

The high court’s direction for set off in the judgement under challenge before it should remain stayed until further orders, it added.

The bench, however, said if the convict was released, he may not be taken back in custody. PTI ABA ABA AMK AMK