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Rejoinder to Veil of Secrecy in Indian Judiciary :

 

“If every prosecutor starts behaving like this,what will happen?” the bench said.

Answer: Heaven will not fall down, Your Lordship. Except the wrong doer will deter because of scrutiny in public eye for exposure of their wrong deeds. Transperancy will strengthened the faith in rule of law and judiciary. There are laws for the contempt of the court if the allegations turned out to be false...scandalous or lowering the sanctity of the judiciary. Afterall the Advocate has to render his duty without fear or favour.

"13. Contempts not punishable in certain cases.

-Notwithstanding anything contained in any law for the time being in force,

-(a) no court shall impose a sentence under this Act for a contempt of court unless it is satisfied that the contempt is of such a nature that it substantially interferes, or tends substantially to interfere with the due course of justice;

-(b) the court may permit, in any proceeding for contempt of court, justification by truth as a valid defence if it is satisfied that it is in public interest and the request for invoking the said defence is bona fide.'THE CONTEMPT OF COURTS (AMENDMENT) ACT, 2006NO. 6 OF 2006

[17th March, 2006.]


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