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Showing posts with label fair trial. Show all posts
Showing posts with label fair trial. Show all posts

Nov 19, 2013

Selvi J Jayalalithaa & Ors Vs State of Karnataka & Ors

Hon'ble Supreme Court of India observed in Writ Petition (Crl.) No.154 of 2013 decided on 30.9.2013 as
“Fair trial is the main object of criminal procedure and such fairness should not be hampered or threatened in any manner. Fair trial entails the interests of the accused, the victim and of the society. Thus, fair trial must be accorded to every accused in the spirit of right to life and personal liberty and the accused must get a free and fair, just and reasonable trial on the charge imputed in a criminal case. Any breach or violation of public rights and duties adversely affects the community as a whole and it becomes harmful to the society in general.”


Apr 23, 2011

Krishna Swami Vs Union of India (1992) 4 SCC 605

Hon’ble Supreme Court of India observed as under
"investigation connotes discovery and collection of evidence before charge-sheet is filed and based thereon definite charges are framed. Inquiry by a Magistrate is stopped when the trial begins. The trial is a culminating process to convict or acquit an accused. In Service Jurisprudence, departmental inquiry against a delinquent "

Feb 26, 2011

Maneka Sanjay Gandhi Vs Rani Jethmalani (1979) 4 SCC 167


Hon’ble Supreme Court of India observed as under
“Assurance of a fair trial is the first imperative of the dispensation of justice and the central criterion for the court to consider when a motion for transfer is made is not the hypersensitivity or relative convenience of a party or easy availability of legal services or like mini-grievances. Something more substantial, more compelling, more imperilling, from the point of view of public justice and its attendant environment, is necessitous if the Court is to exercise its power of transfer. This is the cardinal principle although the circumstances may be myriad and vary from case to case. We have to test the petitioner’s grounds on this touchstone bearing in mind the rule that normally the complainant has the right to choose any court having jurisdiction and the accused cannot dictate where the case against him should be tried. Even so, the process of justice should not harass the parties and from that angle the court may weigh the circumstances.