Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure must have the freedom to appoint counsel in whom they repose trust and confidence- Choice made by the State D should not be such as could defeat the sacred and onerous responsibility of ensuring that the justice is meted ou 1973 - s. 24 - (UP Government) Legal Remembrance's Manual - District c Government Counsel (Civil and Criminal) in the Subordinate Courts across the State - Renewal of Appointment or reconside~ their candidat~re - Held: State like any other litigant |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - s. 24 - (UPGovernment) Legal Remembrance's Manual - District Government Counsel (Civil and Criminal) in the SubordinateCourts across the State - Renewal of Appointment orreconside their candidat~re - Held: State, like any otherlitigant, must have the freedom to appoint counsel in whomthey repose trust and confidence- Choice made by the State should not be such as could defeat the sacred and onerousresponsibility of ensuring that the justice is meted out to allcitizens - Correct approach is to ensure the competency ofadvocate_~ being considered for appointment of AdditionalDistrict Government Counsel, Assistant District Government Counsel, Panel lawyers and Sub District GovernmentCounsel- To start this process by considering the re-'appointment or renewal of existing Government Counselswould be incorrect since that would dilute, nay, dissolve thediscretion of the Government to appoint advocates whom they find trustworthy.Constitution of India, 1950 - Art. 141 - Doctrine ofPrecedent - Held: Mandates that an exposition of law mustbe followed and applied even by co-ordinate or co-equal Benches and certainly by all smaller Benches andsubordinate courts -Apart from Art. 141, it is a policy of thecourts to stand by precedent and not to disturb a settled point- Purpose of precedents is to bestow predictability on judicialdecisions- If binding precedents even of co-ordinate strengthare not followed, the roots of continuity and certainty of lawwhich should be nurtured, strengthened perpetuated andproliferated would instead be deracinated - Departure mayonly be made when a co-ordinate or co-equal Bench findsthe previous decision to be of doubtful logic or efficacy andconsequentially, its judicial conscience is so perturbed andaroused that it finds it impossible to follow the existing ratio. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2015 INSC 868 |
Petitioner | State Of U.p. & Ors. |
Respondent | Ajay Kumar Sharma & Anr |
SCR | [2015] 12 S.C.R. 627 |
Judgement Date | 2015-11-26 |
Case Number | 13727 |
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