NEW DELHI: District judiciary being the first line of defence of citizens who have been wronged, its independence is cardinal to the administration of justice, the Supreme Court said on Thursday, while pulling up Madhya Pradesh government and police for attempting to shield the husband of a Bahujan Samaj Party MLA, accused of murdering a Congress leader.
The colonial mindset towards district judiciary needs to change if the faith of citizens is to be preserved, a bench of Justices D Y Chandrachud and Hrishikesh Roy observed, as the trial judge had alleged that he was being subject to political pressure.
The top court said trial court judges work amidst appalling conditions, lack of infrastructure, inadequate protection and there are examples of judges being made targets when they stand up for what is right.
Cancelling the bail granted to the MLA Rambai Singh’s husband, Govind Singh, by Madhya Pradesh High Court in the murder case of Devendra Chourasia, the top court said judiciary should be immune from political pressures and considerations.
“There cannot be two parallel legal systems, one for the rich and resourceful and those who wield political power and the other for ‘small men’ without resources and capabilities to access justice, the SC said.
“The existence of a dual system will only chip away the legitimacy of the law,” it added.
Pronouncing the judgment on the plea of Chourasia’s son Somesh, the bench said the high court misapplied legal principles and committed a grievous error in granting bail to the accused.
Observing that an effort was made to shield the accused from administration of justice, the apex court directed transfer of Govind Singh to another jail under directions of the DGP to ensure fair proceedings.
The bench reprimanded the police for “failure” to complete the investigation of the murder. The accused evaded arrest despite issuance of warrants and the intervention by the top court, and the state provided security to him because his wife happened to be an MLA, the court noted.
The bench asked the Chief Justice of the Madhya Pradesh HC to conduct an inquiry into the sessions judge’s allegation of political pressure.