Tuesday, June 19, 2012

SC: "Individuals and Society have vital interest in orders passed by the courts"


Recently the Hon Apex Court has again put huge emphasis on the principles of fundamental Rights of Liberty and Rules of Anticipatory Bail, while adjudicating in a CRIMINAL APPEAL NO. 750 OF 2012 of Rashmi Rekha Thatoi and others against State of Orissa. It is noted therein this recent judgment that The Constitution Bench proceeded to state the essential concept of exercise of jurisdiction under Section 438 of the Code on following terms:- “Exercise of jurisdiction under Section 438 of Code of Criminal Procedure is extremely important judicial function of a judge and must be entrusted to judicial officers with some experience and good track record. Both individual and society have vital interest in orders passed by the courts in anticipatory bail applications.”

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