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2010 Supreme(Del) 803

DIPAK MISRA, MANMOHAN SARIN
Court On Its Own Motion – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
Ajay Chaudhary, L.S.Chaudhary, Mathew D., Arvind Nigam, Raghu Tandon, A.S.Chandhiok, Pawan Sharma

JUDGMENT

DIPAK MISRA, J.

(1) The fundamental issue that has emerged for consideration in this writ petition that has been instituted on the basis of a letter sent to this Court is whether an accused is entitled to a copy of the First Information Report after it is lodged and if so, what steps are required to be taken to facilitate its availability as the liberty of an individual is inextricably linked with his right to be aware how he has been booked under law and on what allegations. Liberty and freedom are the strongest passion of men and many have sacrificed their lives for the cause of liberty. No one has ever conceived it as an arduous contrivance, a distant notion to be achieved by fortunate moments but as a basic human right. Liberty and life are in wedlock in a civilized society with the pledge not to tolerate the idea of separation. Jose' Marti has described liberty thus: Like bone to the human body, and the axle to the wheel, and the song to a bird, and air to the wing, thus is liberty the essence of life.

(2) Regard being had to the aforesaid concept, we now proceed to deal with the issue. At the very initial stage of adjudication, on 28.4.2010, the learned standing counsel










































































































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