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2016 Supreme(Mad) 1172

M.JAICHANDREN, S.NAGAMUTHU
Manikandan @ Pillappa – Appellant
Versus
State Rep. by Inspector of Police – Respondent


Advocates Appeared:
For the Appellant : Mr. R. Mohandas Legal Aid Counsel.
For the Respondent: Mr. S. Shanmugavelayutham, Public Prosecutor Asst. by Mr. M. Maharaja Additional Public Prosecutor.

JUDGMENT :

S. Nagamuthu, J.

"Justice to all" is one of the salutary goals of our Constitution. Right to life enshrined in Article 21 of the Constitution permits deprivation of life and liberty by following the established fair, just and reasonable procedure. Fair investigation, fair and speedy trial and just verdict are the concomitants of right to life. Such right is not exclusive for the accused. The victim, their family members and the society at large are also entitled to have a fair trial and just verdict. Under the guise of being fair to the accused, no Court can afford to be unfair towards the victims and the witnesses. At the whims and fancies of the accused, the witnesses cannot be harassed by summoning them to Court repeatedly and to humiliate them. Protection of a witness itself is implicit in Article 21. The system should not be diverted heavily in favour of the accused and the agencies who are the part of the system should be sensitive to the plight and the rights of the victims. Allowing the real culprits to escape through the man made holes in the system will surely erode the confidence of the people in the very foundation of the system. The trial Court should ensure t






















































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