Withdrawal of Divorce Consent Protected as Statutory Right Under Hindu Marriage Act" Delhi High Court Allows Aspirants to Rejoin Indian Coast Guard Recruitment Process Despite Document Discrepancies Unmerited Prosecution Violates Article 21: Himachal Pradesh High Court Acquits Accused in Fraud Case Access to Prosecution Evidence Is Integral to a Fair Trial: Kerala HC Permits Accused to View CCTV Footage A Reasonable Doubt Is One Which Renders the Possibility of Guilt As Highly Doubtful: Madras High Court Submission of Qualification Documents at Any Stage Valid: MP High Court Overturns Appointment Process in Anganwadi Assistant Case" High Court Must Ensure Genuineness of Settlement Before Quashing Criminal Proceedings: Supreme Court Patna High Court Acquits All Accused in Political Murder Case, Citing Eyewitness Contradictions and Lack of Evidence Opportunity for Rehabilitation Must Be Given: Uttarakhand High Court Commutes Death Sentence in Child Rape Case Right to Travel Abroad is a Fundamental Right Under Article 21; Pending Inquiry Cannot Justify Restriction: Rajasthan High Court First Appellate Court Could Not Reopen Issues Already Decided: Orissa High Court Kerala High Court Grants Bail in POCSO Case, Reaffirms Principle of “Bail is the Rule, Jail is the Exception” Debts Recovery Tribunal Can Condon Delay in Section 17 SARFAESI Applications: Gauhati High Court Rajasthan High Court: "Ex-Parte Interim Orders Should Not Derail Public Infrastructure Projects" Sovereign Functions In Public Interest Cannot Be Taxed As Services: High Court Of Jammu & Kashmir And Ladakh Quashes Service Tax Madras High Court: Adoption Deeds Not Registrable Without Compliance With Statutory Framework Taxation Law | Relief for Telecom Giants: Supreme Court Rules Mobile Towers Are Movable, Not Immovable Property Absence of Premeditation Justifies Reduction to Culpable Homicide: Supreme Court Alters Murder Conviction Mere Breakup of a Consensual Relationship Cannot Lead to Criminal Proceedings: Supreme Court Quashes FIR Alleging Rape on False Promise of Marriage Hindu Widow’s Limited Estate Remains Binding, Section 14(2) of Hindu Succession Act Affirmed: Supreme Court Burden of Proof to Establish Co-Tenancy Rests on the Claimant: Supreme Court Summary Security Force Court Lacks Jurisdiction Over Civil Offences Beyond Simple Hurt And Theft: High Court of Jammu & Kashmir and Ladakh Vague Allegations Cannot Dissolve a Sacred Marital Relationship: Karnataka High Court Upholds Dismissal of Divorce Petition Daughters Entitled to Coparcenary Rights in Ancestral Property under Hindu Succession Act, 2005 Amendment: Madras High Court Divorce | False Allegations of Domestic Violence and Paternity Questions Amount to Mental Cruelty: Madhya Pradesh High Court Hostile Witness Testimony Admissible if Corroborated by Independent Evidence: Punjab and Haryana High Court Fraud Must Be Specifically Pleaded and Proved Beyond Reasonable Doubt to Invalidate Registered Documents: Andhra Pradesh High Court Himachal Pradesh High Court Upholds Rash Driving Conviction But Grants Probation to First-Time Offender Bus Driver

Supreme Court Condemns Political Influence in Judiciary: “Withdrawal of Prosecution Cannot Be Based on Public Image”

07 May 2024 8:19 AM

By: Admin


Supreme Court sets aside trial court’s order in a decades-old double murder case, directs expeditious trial.

In a landmark judgment delivered on July 15, 2024, the Supreme Court of India has nullified the trial court’s order allowing the withdrawal of prosecution against a politically influential accused, Chhote Singh, in a double murder case dating back nearly three decades. The bench, comprising Justices Vikram Nath and Satish Chandra Sharma, underscored the importance of judicial integrity and the dangers posed by political interference in the judicial process. The court also directed the Allahabad High Court to expedite the trial and resolve the long-pending criminal revisions.

The case originates from a First Information Report (FIR) registered on May 30, 1994, by Rajendra Kumar Srivastava, alleging that several accused, including Chhote Singh, attacked and killed Jagdish Sharan Srivastava and Rajkumar alias Raja Bhaiya. The accused were armed and allegedly motivated by prior complaints against them involving criminal activities. Despite being initially named in the charge sheet, Chhote Singh’s prosecution was withdrawn by the trial court in 2012, citing his good public image and political standing.

The Supreme Court condemned the nearly three-decade delay in the trial, attributing it to the political influence of the accused. “The judicial system of our country often finds itself grappling with the pervasive issues of prolonged delay and suspected political influence within the legal proceedings," the bench noted. The court criticized the High Court for repeatedly adjourning the hearings, thereby enabling the accused to use dilatory tactics.

The trial court’s decision to allow the withdrawal of prosecution against Chhote Singh was harshly criticized. The Supreme Court emphasized that withdrawal of prosecution under Section 321 of the Code of Criminal Procedure, 1973, should be based on the merits of the case rather than the accused’s public image or political standing. “Matters of a gruesome crime akin to the double murder in the present case do not warrant withdrawal of prosecution merely on the ground of good public image of an accused named in the charge sheet after thorough investigation,” the court asserted.

The Supreme Court highlighted that the trial court’s reasoning, which relied heavily on Chhote Singh’s political status and public image, was flawed. The court reiterated that political power should not influence judicial decisions. “Merely because an accused person is elected to the Legislative Assembly cannot be a testament to their image among the general public,” Justice Vikram Nath observed.

Justice Vikram Nath remarked, “The corroboration provided by the political influence is a significant factor that hinders the prosecution??s case, especially when judicial processes are delayed under duress.”

The Supreme Court’s decision to set aside the trial court’s order and direct the High Court to expedite the trial marks a significant step towards ensuring that political influence does not derail the course of justice. By reaffirming the necessity of evaluating cases based on their merits, the judgment underscores the judiciary’s commitment to impartiality and the rule of law. This ruling is expected to expedite pending cases involving influential individuals and reinforce the legal framework to prevent misuse of political power in judicial proceedings.

Date of Decision: July 15, 2024

Shailendra Kumar Srivastava vs. The State of Uttar Pradesh & Anr.

Similar News