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2019 Supreme(SC) 1166

DEEPAK GUPTA, ANIRUDDHA BOSE
Krishna Prasad Verma (D) Thr. Lrs. – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
For the Appellant : Mr. Braj Kishore Mishra, Ms. Aparna Jha, Ms. Kriti S., Adv., Mr. Abhishek Yadav, Adv.
For the Respondent: Mr. Sanjay Jain, Mr. Yogesh Pachauri, Ms. Binu Tamta, Ms. Anil Katiyar, Mr. Pravin H. Parekh, Mr. Kshatrshal Raj, Mr. Nikhil Ramdev, Ms. Tanya Chaudhry, Ms. Pratyusha Priyadarshi, M/S. Parekh & Co., Mr. Gopal Singh, AOR
Mr. Srikaanth S., Adv.

JUDGMENT :

Deepak Gupta, J.

In a country, which follows the Rule of Law, independence of the judiciary is sacrosanct. There can be no Rule of Law, there can be no democracy unless there is a strong, fearless and independent judiciary. This independence and fearlessness is not only expected at the level of the Superior Courts but also from the District judiciary.

2. Most litigants only come in contact with the District judiciary. They cannot afford to come to the High Court or the Supreme Court. For them the last word is the word of the Magistrate or at best the Sessions Judge. Therefore, it is equally important, if not more important, that the judiciary at the District Level and at the Taluka level is absolutely honest, fearless and free from any pressure and is able to decide cases only on the basis of the facts on file, uninfluenced by any pressure from any quarters whatsoever.

3. Article 235 of the Constitution of India vests control of the subordinate Courts upon the High Courts. The High Courts exercise disciplinary powers over the subordinate Courts. In a series of judgments, this Court has held that the High Courts are also the protectors and guardians of the judges falling with

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