Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal trial Fodder scam |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal trial - Fodder scam - Prosecution initiated in1997 - After prolonged trial, the matter reached final stage, namely, pronouncement of the decision - Petition filed byappellant at this stage for transfer of the case from the Courtof Special Judge IV, CBI (AHO) to any other court ofcompetent jurisdiction on the apprehension that a fair andimpartial trial cannot be done by the aforesaid court - Dismissed by High Court - Justification - Held: Claim ofappellant for transfer of the entire case from the file of theSpecial Judge to any other competent court cannot beentertained - Merely because some of the distantly relatedmembers were in the midst of the present Chief Minister, it ยท cannot be presumed that the Presiding Judge would concludeagainst the appellant - If appellant really had anyapprehension in his mind, this could have been raised at theearliest point of time and not after conclusion of evidence andarguments, particularly, on the eve of pronouncement of judgment - Objection relating to bias on the eve of passingorders, cannot be entertained - In a matter of this nature, it isnot at all desirable to shift the case to some other court at thelast hour - Also, procedure adopted by the Special Judgecannot be faulted with, except one aspect which was also noticed by the High Court i.e. intimating the parties in themidst of the arguments and compelling them to file writtenarguments on or before a particular date - Except the saidrecourse, which is not in consonance with the scheme of the Code, particularly, in a criminal trial, considering themagnitude of the case pending since 1997, the conduct of the-Judge cannot be faulted with - Inconvenience, if any, can beset at right by granting further time for arguments - Furthertime of 5 days granted for the prosecution and 15 days for all the accused including the appellant - Transfer petition.Judiciary - Independence of - Requirement of upholding-the dignity of high office with full sense of responsibility - Held:Independence of judiciary is basic feature of the Constitution - Judge who presides over the trial, the Public Prosecutor whopresents the case on behalf of the State and the lawyer vis-a-vis amicus curiae who represents the accused must worktogether in harmony in the public interest of justiceuninfluenced by the personality of the accused or thosemanaging the affairs of the State - Public interest demands that the trial should be conducted in a fair manner and theadministration of justice would be fair and independent.Administration of Justice - Held: In administering justice,Judges should be able to act impartially, objectively and without any bias. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 533 |
Petitioner | Lalu Prasad @ Lalu Prasad Yadav |
Respondent | State Of Jharkhand |
SCR | [2013] 8 S.C.R. 163 |
Judgement Date | 2013-08-13 |
Case Number | 1166 |
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