Binding judgments should be the Bible of a Judge and there should not be any deviation.
"Criminal Court while deciding criminal cases shall not be guided or influenced by the views or opinions expressed by Judges on a private platform. The views or opinions expressed by the Judges, jurists, academicians, law teachers may be food for thought. Even the discussions or deliberations made on the State Judicial Academies or National Judicial Academy at Bhopal, only update or opennew vistas of knowledge of judicial officers. Criminal Courts have to decide the cases before them examining the relevant facts and evidence placed before them, applying binding precedents. Judges or academicians opinions, predilection, fondness, inclination, proclivity on any subject, however eminent they are, shall not influence a decision making process, especially when judges are called upon to decide a criminal case which rests only on the evidence adduced by the prosecution as well as by the defence and guided by settled judicial precedents. National Judicial Academy and State Judicial Academies should educate our judicial officers in this regard so that they will not commit such serious errors in future.
It can be
stated with certitude that in a criminal trial, while recording the sentence, he should have been
guided and governed by established principles and not by personal notions or even ideas of
eminent personalities Binding judgments should be the Bible of a Judge and there should not be
any deviation. I have said so, so that the trial Court judges are appositely guided and refrain
themselves from engaging in innovative creativity or “borrowed creativity” which has no sanction
in Law.
Oma @ Omprakash Vs. State of Tamil Nadu
SUPREME COURT OF INDIA
It can be
stated with certitude that in a criminal trial, while recording the sentence, he should have been
guided and governed by established principles and not by personal notions or even ideas of
eminent personalities Binding judgments should be the Bible of a Judge and there should not be
any deviation. I have said so, so that the trial Court judges are appositely guided and refrain
themselves from engaging in innovative creativity or “borrowed creativity” which has no sanction
in Law.
Oma @ Omprakash Vs. State of Tamil Nadu
SUPREME COURT OF INDIA
