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supreme court on free judiciary: there can not be two parrelel legal systems for powerful and weak: supreme court

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supreme court on free judiciary: there can not be two parrelel legal systems for powerful and weak: supreme court

Highlights

  • Supreme Court cancels bail of MP Congress leader Devendra Chaurasia murder case accused and husband of BSP MLA
  • In its order, the Supreme Court said that there cannot be two parallel legal systems in the country for the powerful and the deprived.
  • In fact, the Additional Sessions Judge of Damoh had indicated to the SP and other police officers to put pressure on themselves.
  • The Supreme Court took seriously the efforts of the police officers on the judge, ordered the DGP to investigate

New Delhi
The Supreme Court has said that there cannot be two parallel legal systems in the country, one for the rich and powerful and those with political access and the other for the resource-less common man. The Supreme Court has taken seriously the matter of pressurizing the Additional Sessions Judge at Damoh, Madhya Pradesh on behalf of the SP and other police officers. The DGP has been ordered to investigate the entire matter within a month. Along with this, the Supreme Court canceled the bail of Govind Singh, husband of BSP MLA Ramabai from Madhya Pradesh in the murder case of Congress leader Devendra Chaurasia.

independent judiciary foundation of democracy
A bench headed by Justice DY Chandrachud of the Supreme Court said that an independent judiciary is the foundation of democracy and there should be no political interference and pressure in it. Free and fair judiciary is the cornerstone of democracy and must be free from all political and other external pressures. The Supreme Court said that it is the duty of the state machinery to be devoted to the rule of law. The Supreme Court has said that there cannot be two parallel legal systems, one for the rich and powerful people who have political power and the other for the common man who has no resources and no capacity. The Supreme Court said that such a dual and parallel system would destroy the validity of the law itself.

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The trial court is the first shield for those with whom something has happened
The Supreme Court said that the district judiciary is the first line of defense of the rights of the people. If the faith of the people in the judiciary is to be maintained, then the district judiciary has to be taken care of. District Judiciary is the foundation of the administration of justice and independence. If the confidence of the common people is to be preserved, the colonial attitude towards district judiciary has to be changed. Lower courts are the first defense of people who have been wronged. District judiciary work in extremely difficult conditions. Emphasizing on their protection, the Supreme Court said that impartiality is the basis of judiciary. Regarding the importance of the independence of the judiciary, the Supreme Court said that it means the functioning of the judiciary without any political pressure or any external pressure. That is, the judge should have independence without any external control. The independence of the judiciary means freedom from the pressure of superiors so that no one interferes in the decision.

This is the concept that the judiciary should work independently.
The Supreme Court said that the functions and powers of the judiciary are different under the Constitution. The concept is that the judiciary should work completely independently. Judiciary and judges should work without any external constraint or pressure and they should be able to resolve the dispute and this requires that the judges act independently. Article 50 states that the district judiciary is independent. For this it is necessary that the judges act independently. The division of work between the judiciary and the executive should not be violated during the court proceedings. The judiciary should be free from political pressure and any external considerations and pressures.

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High Court misused legal principles
The Supreme Court set aside the bail order granted by the Madhya Pradesh High Court to accused Govind Singh in this case. The Supreme Court said that the High Court has misused the legal principles. The Supreme Court said that the High Court has made a grave mistake in this matter. The top court said that the Additional Sessions Judge, through his order dated February 8, 2021, had tried to indicate that he was under pressure. The judge said that the Damoh SP and other police officers had tried to put pressure on him. In this case, the matter of apprehension of the judge should be investigated. For this, the DGP has been directed to conduct an inquiry within a month. In fact, the son of late Congress leader Devendra Chaurasia and the state government had challenged the High Court’s decision in the Supreme Court. The absconding accused was arrested on the directions of the Supreme Court.

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