Judiciary: Soul of the Constitution

Free and fair judiciary is the soul of the Indian Constitution. By its pro-activeness the Indian judiciary has overcome the orthodox constitutional philosophy and has expanded the scope of right to life so as to read within its compass the right to live with dignity, right to healthy environment, right to humane conditions of work, right to know, right to adequate nutrition and clothing and so on. While dispensing with justice in civil, criminal or constitutional matter a judge not being a party to the Lis always decides the Lis impartially with the best of his ability and knowledge. A judge is deemed to have no knowledge of law but he is enriched by the knowledge of the Learned Councils of both sides. Sitting in the Chair of the Temple of Justice he listens patiently both the parties and comes to a decision which being the toughest job is avoided by the others. While deciding a Lis he cannot satisfy both the parties at a time. Any person being aggrieved by a decision of the court may carry the Lis to the higher forum in appeal or revision or may prefer review of the decision in the same court. This is the eternal beauty of the Indian Judiciary.

Any sort of interference in the functioning of the court in dispensing with justice amounts to contempt; which may be civil or criminal. The Supreme Court being highest body of the Indian judiciary is the custodian of the Constitution and its judgment is binding upon all citizens under Article 141 of the Constitution. Unlike the Supreme Court the High Court of each State is also the Court of Records and enjoys with writ and supervisory jurisdiction under Article 226 and 227 of the Constitution. The Parliament and the State Legislature have right to enact law in their respective field but if such law contradicts with the basic structure of the Constitution or abrogates the fundamental rights guaranteed under Part III of the Constitution the judiciary has right to declare the same as void. That being the settled principle of law it is frequently noticed that some persons constantly attack the judiciary and make indecent statement which knocks down the very foundation of the Indian democracy. It is sadly enough that they are not illiterate or rustic persons but they are educated and sometimes hold responsible status in public life.  

A healthy democracy is a nightmare if Judiciary does not function freely, fairly and independently. To ensure free, fair and independent judiciary the peaceful environment of the court compound is very much essential so that a judge while dispensing with justice remains in peaceful mind and does not face extraneous situation in the court compound. A judge does not fall from the heaven but he is a man of the society with all common virtues of an ordinary man. A chaotic atmosphere inside the court room and also in the court compound distracts the thought-process of a judge. It is therefore, duty of the police to maintain peace and tranquility in and around the court compound. Excepting the Supreme Court and High Courts of different States we hardly find peaceful environment in the subordinate courts particularly the Magistrate Courts.

Recently we saw an unfortunate incident at Alipore Magistrates’ Court which makes this issue afresh. After arrest of one political leader cum minister by the CBI in multi-crores Sarada scam he was taken to produce before the Magistrate’s Court. Thousands of his supporters and party members came on the street, blocked all the public roads and railway tracks in protest of such arrest ignoring the sufferings of the people. Such acts are not only offences under Indian Penal Code but also offence under the provisions of the National Highway Act. The situation turned worst when the Chief Executive of the State joined hands with the law breakers. A panicky situation was also created inside the court compound by unlawful assembly of thousands of unruly persons in presence of police with shouting and slogans as if the court compound was situated in the State of lawlessness. Similar situation was also noticed inside the court room. Such a horror atmosphere is not congenial to a judge in dispensing with justice. It is no doubt an attempt to terrorize a judge by way of power projection which amounts to criminal contempt of the court also.

What wrong the CBI did? Has the CBI been ordered by the Central Government to investigate the Sarada Scam to malign the State Government? No. It is the Supreme Court of India that entrusted the CBI to investigate the Saradha scam spreading over not only in the State of West Bengal but in the States of Tripura, Assam and Orissa also. If the State machinery feels that the CBI has not been working in accordance with law it may approach the Supreme Court for suitable direction upon the CBI. Instead of doing so demonstration in front of the office of the CBI under the leadership of a State Minister and paralyzing the State in protest of arrest of their leader cum minister are ultimately an act of challenging the authority of the highest Court of India and also interference with independent functioning of the judiciary which will not be approved by any civil society. It is very sad to say that the innocent people were led to rise voice on the street by some persons with vested interest in favour of a person who is not only an accused of economic offence but who destroys the trust of the common people also under the cover of the constitutional oath.

http://echoofindia.com/reflex-action/judiciary-soul-constitution-74221

An acquittal should be an order of simple acquittal: Madras High Court

Setting aside a Magistrate court finding, the Madras High Court has made it clear that an acquittal shall be an order of simple acquittal of an accused in a criminal case where there is no evidence against him and trial courts shall not employ expressions such as "not proved beyond reasonable doubt."

A perusal of the judgment of the trial court would go to show that no one has spoken anything incriminating about the accused. Therefore, the trial court should have acquitted him by recording an order of acquittal without adding any adjectives such as 'not proved beyond reasonable doubt' or 'by giving the benefit of doubt,' Justice S.Nagamuthu said. "The trial court should have acquitted the accused simpliciter without adding any qualification to the word 'acquittal,' the judge said.

Justice Nagamuthu was setting aside the finding recorded by the Judicial Magistrate II of Panrutti in which he had acquitted one E.Kalivarathan saying Kalivarathan was acquitted because the charges against him have not been proved beyond reasonable doubt. Kalivarathan was an accused in a criminal case with eight accused whereas no witnesses implicated him in any manner with the alleged crime in the case. The Magistrate acquitted all the accused including Kalivarathan giving benefit of doubt.

When Kalivarathan applied for the post of Grade II constable the recruitment board rejected his candidature on the ground that the acquittal was not a 'honourable acquittal.' Hence Kalivarathan filed a criminal revision petition to convert the acquittal as an honourable acquittal.

"If there are findings in the order or judgment of acquittal, which are adverse to the interest of the accused, as an aggrieved person, he should have the remedy to get the adverse findings set aside.If the accused does not get this finding expunged, he may have to carry the stigma about his character throughout his life. This would certainly result in civil consequence as it relates to his moral character." The judge rejected the contention of the Additional Public Prosecutor that an acquitted person does not have a right of appeal. "Section 397 of the Code of Criminal Procedure paves the way for an acquitted person to challenge the adverse remarks made against him,and the adverse findings made against him in the order of acquittal," the judge said.

The Judge referred to the order of a Division Bench of the court which dealt with a similar case in which it was referred to the bench to decide whether a criminal court can employ the expression 'Honourable Acquittal' while acquitting an accused. In his order, the judge said "the answer given by the Division Bench to two questions which were not at all referred, will have no binding force on me, even though I do not have much of different view than the view taken by Division Bench."

"The Division Bench has not dealt with the difference between an acquittal in simple terms and an acquittal by extending the 'benefit of doubt'." "There is a vast difference between these two. If there is no evidence at all against the accused in support of charge it is mandatory for the court to record an 'order of acquittal," the judge said.

The judge said as per the Criminal Procedure Code, there are only two provisions under which it should be a 'judgment of acquittal' and 'judgment of conviction.' Stating that the criminal courts can use the expressions 'beyond reasonable doubt' or 'giving benefit of doubt', the judge said they are not free to use these terms inappropriately when the accused is acquitted on the ground that there is no evidence against him. The judge then made it clear that the accused who is aggrieved by the adverse remarks made by the court is entitled for the appeal or revision to expunge the remarks under sections 397 and 401 of CrPC.

Source: http://www.dnaindia.com/india/report-an-acquittal-should-be-an-order-of-simple-acquittal-madras-high-court-2047034