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2023 Supreme(SC) 770

SANJAY KISHAN KAUL, ABHAY S. OKA, VIKRAM NATH
Harendra Rai – Appellant
Versus
State Of Bihar – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Abhay Kumar, AOR Mr. Rajat Khattry, Adv. Mr. Shagun Ruhil, Adv. Ms. Neetu Jain, Adv. Ms. Kusum Pandey, Adv. Mr. Saurabh Mishra, Adv. Ms. Anamika, Adv.
For the Respondent(s): Mr. Devashish Bharuka, AOR [Not present] Mr. Sunny Choudhary, AOR[Not present]

Judgement Key Points

The conduct of the various stakeholders in this case, including the prosecution, investigation authorities, and judicial officers, has been critically examined and found to be severely lacking in several aspects. The overall analysis reveals a pattern of deliberate lapses, negligence, and procedural irregularities that have significantly impacted the fairness and integrity of the trial process.

Firstly, there has been a consistent failure on the part of the prosecution to adhere to procedural norms, such as the non-production of key witnesses like the Investigating Officer and formal witnesses, which undermines the evidentiary foundation of the case (!) (!) . The Public Prosecutor's role has been marred by filing affidavits on behalf of witnesses of fact, contrary to the directions of the court, and by not actively pursuing the examination of vital witnesses, reflecting a role that appears to favor the accused rather than ensuring a fair trial (!) (!) .

Secondly, the investigation itself has been characterized by highhandedness, casualness, and a lack of diligence, as evidenced by the failure to produce the scribe of the FIR, the seizure list, and other formal documents, which points to a deliberate attempt to obscure the facts and weaken the prosecution’s case (!) (!) (!) (!) . The investigation reports and judicial observations highlight the police's and investigation officers' failure to act with impartiality and thoroughness, which further compromised the credibility of the evidence collected (!) (!) (!) .

Thirdly, the conduct of the Presiding Officer of the Trial Court has been found to be grossly negligent and unbecoming of judicial standards. The Court's failure to exercise its powers under relevant provisions, such as summoning witnesses or examining evidence crucial for the case, and its acceptance of affidavits in lieu of actual examination of witnesses, demonstrate a disregard for the fundamental principles of a fair trial (!) (!) (!) (!) . The Court's inaction and passive approach facilitated the subversion of justice, especially in a case involving serious allegations of violence and political influence.

Furthermore, the judicial system's failure to take judicial notice of authoritative reports, judicial inspections, and high-level inquiries into the irregularities and misconduct during the trial process reflects a neglect of its duty to uphold justice. The courts did not appropriately consider the detailed reports and observations that pointed to the irregularities and manipulations that tainted the trial proceedings (!) (!) (!) (!) .

In addition, there has been a failure to recognize and address subsequent conduct of the accused that indicated an attempt to obstruct justice, such as intimidation, kidnapping witnesses, and influencing testimony, which should have been considered as relevant circumstances indicating guilt (!) (!) (!) (!) .

Overall, the analysis underscores a systemic failure at multiple levels—investigative, prosecutorial, and judicial—to conduct a trial that is fair, impartial, and in accordance with the principles of justice. The repeated lapses, neglect of procedural safeguards, and the passive attitude of judicial officers have collectively contributed to a compromised trial process, warranting serious reflection on the conduct of all involved parties and emphasizing the need for corrective measures to restore integrity in the judicial process.


JUDGMENT :

(Vikram Nath, J.)

1. Everything was going as per the plan and wish of the main accused Prabhunath Singh, a political leader and a sitting Member of Parliament at the relevant time as he had mustered full support of the Administration and the Investigating Agency; he had influenced and won over almost all the witnesses of fact mentioned in the chargesheet (who were declared hostile), the relevant formal witnesses including the Investigating Officer were not produced in the trial by the prosecution, the Public Prosecutor prosecuting the case was supporting the defence, the Presiding Officers were completely insensitive towards their pious duty, but everything turned upside down when he committed a glaring mistake and that one mistake cost him heavily. He got the court witness, Smt.Lalmuni Devi, mother of deceased Rajendra Rai abducted ten days before the date fixed for recording her statement. This led to filing of a Habeas Corpus Petition before the High Court, a report submitted by the Inspecting Judge as a result of an unruly incident which occurred in the Trial Court on the date Smt.Lalmuni Devi- CW-1 deposed before the Trial Court and another report of the Inspecting J


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