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28/01/2011

After ‘rotten’ remarks on Allahabad HC, SC says ciminal trial shoddy in Patna High Court

 

Patna, (BiharTimes): After something ‘rotten‘ observation about the Allahabad High Court another High Court has come under criticism of the Supreme Court.
Expressing serious concern over the shoddy trial of criminal cases in Bihar a Supreme Court Bench of Justice Aftab Alam and Justice R M Lodha asked the Patna High Court to take immediate corrective measures in this regard.



Setting aside the life sentence awarded to a man in a murder case the apex court Justices, who had experience of working as judges in the Patna High Court said: “We are constrained to say that this is not an isolated case, but it is almost a stereotype. It is our experience that in criminal trials in Bihar, no proper attention is paid to the framing of charges and the examination of the accused under Section 313 Cr.PC, the two very important stages in a criminal trial.”
Justice Aftab Alam said “The framing of charges and examination of the accused are mostly done in the most unmindful and mechanical manner. We wish that the Patna High Court should take note of the neglectful way in which some of the courts appear to be conducting trials of serious offences, and take appropriate corrective steps.”
The Supreme Court commented on the trial court, which awarded the life sentence to Shambhu Sharma in the case of killing of Narain Kunwar, though his name did not figure as one of the accused in the first information report. The Patna High Court dismissed his appeal, compelling him to moved the Supreme Court.
The Bench agreed with his submission that the conviction could not be sustained in view of the flawed chargesheet. It pointed out that there was no clear evidence against the appellant, and it would not be wholly safe to maintain his conviction under Section 302 (murder) of the IPC and he must be given the benefit of the doubt.
The SC ordered his immediate release unless he was wanted in some other criminal case.

Comment

comments...

I am little intrigued about thsi suddne arrogance ridden commentary coming from SC. Was not KG Balakrishanan neck deep in corruption as we came to know later chief justice of SC few days back. Was not Sabharwal another judge neck deep in corruption ebalign his son to loot prime real estate on SC rolls few days back. Was not Justice Tarun Chatterjee indicted in PF scam. Was not he bailed out after he obliged congress govt by ordering an extra-constitutional) SIT investigation in Gujarat. Extra-constittional becasue a judge has no right to issue special investigation it's prerogative of state executive body. Lo abd behold after this judge issues SIT inquiry conveneitly main witness also one of the main accused Ashutosh Ashthama a treasury officer got murdered while under police custody.
Was nto ex chief justice K G Bala accused of shileding A Raja in case totally ignoring advice of judge of Madras High Court
Worse of them all: is not seniopr advocate Prashant Bhushan issued an affidavit in court accusing as many as 8 sitting and retired judgeds to be corrupt.
Not suprising under this cloud SC is firing salvo here there and everywhere. They have interest in muddyign water eveywhere to make themselves look less corrupt.

anil kanhaiya

 

 

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