Wednesday, August 14, 2013

SC: "Independence of judiciary is the basic feature of the Constitution"

"Independence of judiciary is the basic feature of the Constitution. It demands that a Judge who presides over the trial, the Public Prosecutor who presents the case on behalf of the State and the lawyer vis-a-vis amicus curiae who represents the accused must work together in harmony in the public interest of justice uninfluenced by the personality of the accused or those managing the affairs of the State. They must ensure that their working does not lead to creation of conflict between justice and jurisprudence. A person whether he is a judicial officer or a Public Prosecutor or a lawyer defending the accused should always uphold the dignity of their high office with a full sense of responsibility and see that its value in no circumstance gets devalued. The public interest demands that the trial should be conducted in a fair manner and the administration of justice would be fair and independent" The aforesaid landmark observations with directions are made on dt.13 August 2013, by the Hon'ble Supreme Court of India, while dismissing CRIMINAL APPEAL NO.1166 OF 2013, instituted by Mr. Lalu Prasad Yadav recently.


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