On personal liberty, the court underscored that pre-trial incarceration could not be treated lightly. “Liberty, once curtailed, cannot be meaningfully restored by a subsequent acquittal, nor can the passage of time compensate for the loss occasioned by unwarranted pre-trial detention,” the court said
NB: Everyone interested in the horrifying assault on the Indian justice system by the BJP government should study this case. And the shouting propagandists of the ‘godi’ media should be ashamed. It’s unlikely that they will. DS
Ravish Kumar: “शराब घोटाले में केजरीवाल-सिसोदिया बरी, कोई सबूत नहीं मिला, CBI की ही होगी जाँच”
Judge says case entirely discredited and orders inquiry into responsible officers of the CBI
Special Judge Jitendra Singh of the Rouse Avenue Courts said the case, as presented by the CBI, “was unable to survive judicial scrutiny” and stood “discredited in its entirety”, while directing departmental proceedings against the investigating officer (IO) for implicating an accused without any material…. Meanwhile, placing the issue of investigation at the centre, the court said accountability could not be deferred where individuals were arraigned without evidence. It specifically flagged the implication of then Deputy Commissioner of Excise Kuldeep Singh, noting there was no material against him. “To permit such conduct to pass without consequence would erode public confidence in the administration of criminal justice and would amount to tacit judicial approval of investigative impropriety, an outcome which the rule of law does not permit,” the court observed.
The order dismantled the prosecution case threadbare. It recorded that the material placed on record did not disclose even a prima facie suspicion, far less the “grave suspicion” required for the framing of charges. The court held that the case, as structured by the CBI, “collapses at the threshold”. It said forcing the accused to undergo a full criminal trial in the absence of legally admissible evidence would amount to a miscarriage of justice and an abuse of the criminal process.
स्पेशल जज ने छह सौ पन्नों के आदेश में लिखा है कि दिल्ली शराब मामले में इतना भी सबूत नहीं है कि मुकदमा चलाया जा सके। इस फैसले ने मोदी सरकार की एजेंसियों को एक्सपोज़ कर दिया। न्यायिक व्यवस्था को भी एक्सपोज़ कर दिया। जिस तरह से विरोधी नेताओं को फंसाया गया औऱ इस काम में तमाम संस्थाओं के साथ साथ गोदी मीडिया का इस्तेमाल हुआ है, वह शर्मनाक है और भारत के भविष्य के लिए ख़तरनाक है। उम्मीद है केजरीवाल और सिसोदिया के बरी होने पर हमारे इस वीडियो को देखेंगे। ठीक से समझेंगे।
Verdict in favour of Kejriwal brings ED’s arrest powers under scrutiny
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Book Review: ‘Who Killed Justice Loya’ Delves Into The Many Unanswered Questions
A LEGACY THAT IS BEST FORGOTTEN
Misusing a judicial observation to unearth temples under mosques will lead to disaster
Four years and counting, Umar Khalid languishes in jail without bail or trial
Gauri Lankesh, Dr Umar Khalid… For the state, Umar Khalid & others are worse than heinous criminals
Apoorva Mandhani: Judge Loya’s Confidants Died Mysterious Deaths
Constitutional principles go for a toss in the criminal law of search and seizure
Book Review: ‘Who Killed Justice Loya’ Delves into Many Unanswered Questions
Tell me why; and how to read a sentence
Gujarat court acquits former IPS officer Sanjiv Bhatt in custodial torture case
Rahul Pandita: What I learned from G. N. Saibaba
The Sole Reason Behind Professor Ali Khan Mahmudabad’s Arrest Is That He Is a Muslim
Father Stan Swamy To Posthumously Receive Human Rights Honorary Award At Geneva Today
