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A. M. BADAR, RAJESH KUMAR VERMA
State of Bihar – Appellant
Versus
Md. Major – Respondent
A. M. BADAR, J.:–This Death Reference u/s. 366 Cr.P.C. and the connected appeal of the convict reminds this Court the following oft-quoted observation of Lord Hewart made while quashing the conviction nearly 100 years ago:—
“It is not merely of some importance but it is of fundamental importance that the justice should not only be done but should manifestly and undoubtedly be seem to be done.”
Lord Hewart went on to observe that what was important was not what was actually done but what might appear to have been done and said:—
“Nothing is to be done which creates even a suspicion that there has been an improper interference with the course of justice.”
This dictum ‘Justice should manifestly and undoubtedly be seen to be done’ can be satisfied by observance of rule of ‘audi alteram partem’ and the opportunity of being heard contemplated in this rule of principle of natural justice has to be real, reasonable and effective. The same should not be for name sake – a paper opportunity particularly when the life and liberty of an accused is at the stake. This principle is a ‘sine qua non’ of every civilized society. Corollary deduced from this rule is “qui aliquid statuerit, parte inaudita a
(1) Natural Justice – Principles of natural justice establish differences between right and wrong – Accused in a criminal trial is required to be given an impartial hearing by an unbiased Judge.(2) F....
(1) Denial of fair trial is as much injustice to accused as is to victim and society.(2) In hallowed halls of justice, essence of fair and impartial trial lies in steadfast embrace of judicial calm.
A fair trial must guarantee competent legal representation and adherence to procedural law, failure of which invalidates conviction.
The central legal point established in the judgment is the paramount right to fair trial and legal aid for the accused, as enshrined in the principles of fair trial and the right to life and personal....
Provisions of Section 303 of the Cr.P.C. gives right to any person accused of an offence before a criminal Court to be defended by a pleader of his choice. The provisions of Section 304 of the Code o....
The main legal point established in the judgment is the importance of a fair trial, the accused's right to cross-examine prosecution witnesses, and the fulfillment of constitutional obligations and p....
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