DONATUS TONY IKWANUSI Vs. INVESTIGATING OFFICER

JUDGEMENT

(1.) This Full Bench is constituted by the Hon'ble The Chief Justice on the basis of the reference made by one of us (Hon'ble Mr.Justice T.Sudanthiram) in this appeal on 03.08.2012 as the Hon'ble Judge has taken a different view from that of the view taken by a Division Bench of this Court in its order dated 27.03.2012 M.Balasubramaniam V. State represented by the Inspector and others,2012 1 LW(Cri) 429to the effect that there is no prohibition for the Court to order the default sentence also to run concurrently. The Hon'ble Judge by quoting a catena of decision right from Emperor Vs. Akidullah,1911 5 SLR 263 rendered by this Court and various High Courts pointed out that they are consistent that the default sentence of imprisonment cannot be made to run concurrently. Therefore, the learned Judge felt that the decision rendered by the Division Bench of this Court in M.Balasubramaniam V. State represented by the Inspector and others,2012 1 LW(Cri) 429by taking a view that " there is no prohibition for the Court to order the default sentence also to run concurrently" requires reconsideration for an authoritative pronouncement by a Full Bench.

(2.) In view of the above, the crux of the question involved in this reference for the decision of this Full Bench is to the effect " whether there is any prohibition or not for the Court to order the default sentence of imprisonment imposed for the non-payment of fine also to run concurrently".

(3.) Mr.AR.L.Sundaresan, learned Senior Counsel, volunteered to assist the Court as an Amicus Curiae. Mr.C.R.Malarvannan, learned counsel, who has already appeared before the learned single Judge as amicus curiae, also assisted this Court as amicus curiae and Mr.A.Ganesh, learned counsel also joined with them.