access to justice - The Legal Chamber

Supreme Court’s Big Ruling: Criminal History Matters in Bail for Heinous Crimes

8Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court’s Big Ruling: Criminal History Matters in Bail for Heinous Crimes

The Supreme Court overturned a bail order, ruling that the High Court failed to apply correct legal principles under Section 389 CrPC for suspending a sentence. It emphasized that post-conviction bail in heinous offences requires a palpable prima facie case for acquittal, not a re-appreciation of evidence or conjectural reasoning. Facts Of The Case: In a case originating from Rajasthan, the prosecutrix, a 14-year-old girl, testified that on June 13, 2023, Respondent No. 2 accosted her at gunpoint while she was defecating in a field. He covered her mouth, forcibly took her to a nearby abandoned house, and raped her. She immediately reported the incident to her family, and her father filed an FIR. The Trial Court convicted Respondent No. 2 under the POCSO Act and sentenced him to 20 years ...

Chain of Circumstances Broken: Supreme Court Frees Accused in Landmark Circumstantial Evidence Ruling

8Sep

By The Legal ChamberNo Comments

Supreme Court

Chain of Circumstances Broken: Supreme Court Frees Accused in Landmark Circumstantial Evidence Ruling

This Supreme Court judgment acquits the accused based on the prosecution's failure to establish a complete chain of circumstantial evidence as mandated by Sharad Birdhichand Sarda. The court found the evidence regarding motive, last seen, extra-judicial confessions, and recoveries to be unreliable, contradictory, and insufficient to prove guilt beyond reasonable doubt. Facts Of The Case: The case involves the murder of Balwant, whose body was discovered in a waterworks tank in Hisar on December 23, 1997. His father, Har Nath (PW-11), identified the body and filed a complaint, leading to an FIR. The prosecution alleged that the accused—Shanti Devi, her son Rajbir, and Veena—murdered Balwant due to a property dispute, as Shanti Devi was a tenant in his house, and an illicit relatio...

Supreme Court Rules: “Right to Prefer an Appeal” Includes “Right to Prosecute it” for Victims

28Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules: “Right to Prefer an Appeal” Includes “Right to Prosecute it” for Victims

The Supreme Court held that the right to prefer an appeal under the proviso to Section 372 CrPC includes the right to prosecute it. Consequently, upon the death of the original appellant-victim, their legal heir is entitled to be substituted to continue the appeal. The definition of ‘victim’ under Section 2(wa) CrPC is broad and inclusive, enabling such substitution to ensure the right of access to justice is not defeated. Facts Of The Case: On December 9, 1992, an attack occurred in which Virendra Singh was killed, and informant Tara Chand (PW-1) and his son Khem Singh (PW-3) were injured. The Sessions Court convicted accused Ashok, Pramod, and Anil @ Neelu, sentencing them to life imprisonment, but acquitted six other accused. The convicted accused appealed to the High Court, which, vi...

Parallel Proceedings Lead to Heavy Costs: Supreme Court Slams Appellant for Hiding Facts, Upholds Environmental Compliance

8Aug

By The Legal ChamberNo Comments

Supreme Court

Parallel Proceedings Lead to Heavy Costs: Supreme Court Slams Appellant for Hiding Facts, Upholds Environmental Compliance

The Supreme Court dismissed the appeals, upholding the NGT's decision that the petrol pump complied with environmental norms under CPCB guidelines. It imposed costs of ₹50,000 for suppressing parallel proceedings before the High Court, emphasizing judicial integrity. The Court clarified that challenges under state municipal laws remain open for independent adjudication. Facts Of The Case: The case involved a dispute over the construction of a petrol pump by Reliance BP Mobility Ltd. on Khasra No. 109/1/2 in Bhopal, Madhya Pradesh. The appellants, including Arun Kumar Sharma and others, challenged the project before the National Green Tribunal (NGT), alleging violations of environmental guidelines, including improper distance from residential areas, schools, and hospitals as per CPCB norm...

Supreme Court Directs Uniform Rules for Court Managers: Mandates Better Pay & Service Conditions for Court Managers

26May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Directs Uniform Rules for Court Managers: Mandates Better Pay & Service Conditions for Court Managers

The Supreme Court directed all High Courts to frame uniform rules for Court Managers within 3 months, adopting Assam's 2018 Rules as a model. It mandated their regularization, Class-II Gazetted status, and career progression, while allowing states to modify rules as needed. The judgment emphasized judicial efficiency and upheld Article 229 & 309 (Constitution) for service conditions. Existing contractual Court Managers must pass a suitability test for regularization, with benefits from their initial appointment date but no arrears. The ruling ensures standardized administrative support to reduce judges' workload and enhance justice delivery. Facts Of The Case: The case originated from multiple Interlocutory Applications (IAs) and a Writ Petition concerning the service conditions of C...

“Supreme Court Transfers Investigation to CBI in Shocking Custodial Torture & Death Case” : Police Brutality Exposed

22May

By The Legal ChamberNo Comments

Supreme Court

“Supreme Court Transfers Investigation to CBI in Shocking Custodial Torture & Death Case” : Police Brutality Exposed

The Supreme Court transferred the investigation of a custodial death case to the CBI, citing bias in the local police probe under "nemo judex in causa sua" (no one should judge their own cause). It emphasized witness protection for the sole eyewitness, Gangaram Pardhi, and directed expedited arrests and trial, reinforcing accountability in custodial violence cases under constitutional safeguards. The judgment underscored fair investigation as a facet of Article 21. Facts Of The Case: The case stemmed from the custodial death of Deva Pardhi, a young man arrested by Madhya Pradesh police on 13th July 2024 during his wedding rituals in connection with a theft case (FIR No. 232/2024). Witnesses, including his uncle Gangaram Pardhi, alleged brutal torture—beatings, hanging upside down, and ch...