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M.C.Sharma (Retired-IRS)     05 December 2009

Failure of Justice

Several provisions in Cr.PC, Special Acts bar jurisdictions of courts to consider palpable breach breach of those sections unless "Failure of Justice" has occured. There is lot of confusion about this coming in the way of effective defence. Can any one please advise about some decided cases, articles, Books enabling clear understanding. Thanks and regards to the forum contributors.

 



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 2 Replies

N.K.Assumi (Advocate)     05 December 2009

Your question is all about "Prejudice" that cause Failure of Justice. Criminl Procedure Code is based on fair trial, as it accords with Logic, and Principle and Reasons and Touches the Deep verieties on whuch stracture of Justice is erected and maintained to avoid failure of Justice to the accused indicetd by the State. In this regard you may refer to the Classic case decided by five Judges bench of the Supreme Court as reported in : 1956-SCJ-0182-SC: Decided by S.R.Das:Syed Jafar Imam:B.Jaganath Das: Vivian Bose:N.Chandrashekar Aiyer.

Anil Agrawal (Retired)     05 December 2009

 A Prime Minister and one more Minister are needed to nab the culprit. Then thirty more years are needed to punish them after they were once acquitted.

I am surprised that they are still alive to suffer imprisonment.

 Thirty years after seven Dalits were massacred by upper caste Thakurs in Uttar Pradesh, the Supreme Court has sentenced to life 

 
 
 
 
 

imprisonment five of the accused and said caste system should be abolished soon for ensuring rule of law and smooth functioning of democracy. 




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