Judiciary Must Be On Guard To See Police Don't Exceed Authority: Former Top Court Judge

Private liberty is at all times pressing, Justice Lokur stated (File)

New Delhi:

Former Supreme Courtroom Choose Madan B Lokur stated on Tuesday that judiciary needs to be on guard to make sure that the police doesn’t exceed authority in an investigation and see there’s a truthful probe. His comment comes amid country-wide outrage over police atrocities.

He additionally stated legislation is being misused with circumstances of sedition being filed in opposition to journalists and cautioned that magistrates mustn’t “blindly belief” the prosecution.

Justice (Retd) Lokur stated legal guidelines are misinterpreted, each on the stage of investigation and the submitting of chargesheets however the judiciary needs to be additional vigilant and never go merely on the idea of the prosecution.

“It is vital for the judiciary to be on guard; to see that the police shouldn’t be exceeding its authority. They need to look at the FIR, the case diary, discover out what’s going on after which proceed,” Justice Lokur stated.

He was talking at a webinar — “Taking pictures the Messenger: The ‘Chilling Impact’ of Criminalising Journalism”, organised by a authorized information portal.

Referring to the Tuticorin incident, the place a person and his son died after being allegedly thrashed by the police final week, Justice Lokur stated that originally, the police stated that that they had a coronary heart situation and now it has come out that some proof was deleted.

The Justice of the Peace can not blindly belief the prosecution and there needs to be a transparent utility of thoughts, Justice Lokur stated.

“With these items occurring, it is troublesome to belief the police and the investigation being carried out by them,” he stated.

Talking about circumstances being filed in opposition to journalists, Justice Lokur stated that on this backdrop, a journalist is rarely going to have the ability to belief the equity of an investigation.

“Then, there’s misuse of legislation. There are examples the place there isn’t any query of sedition, however the investigations make out that there’s a seditious act concerned,” he stated.

“Take for instance Illegal Actions (Prevention) Act. Simply because there’s the point out of illegal actions, it does not imply that the Justice of the Peace or the Choose ought to throw up his fingers,” Justice Lokur stated, including {that a} prima facie case needs to be made out.

On the difficulty of deciding pressing issues by the highest court docket, he stated that this has been recognized for a really very long time.

“Bail purposes are pressing issues, demolition of property is an pressing matter. There are a big class of circumstances which may be categorised as pressing. This factor about what’s pressing and what’s not pressing is totally misplaced.

“For some courts to say that bail issues will not be pressing defies logic. Private liberty is at all times pressing. A court docket can not say that they will take it up after a few weeks and you need to dangle round in jail for some time,” Justice Lokur stated.

With regard to the assault on citizen journalism throughout the coronavirus pandemic, he stated that if details are proven then what’s the downside.

“If it is a truth, even when it is uncomfortable, why ought to it not be reported? The aim is to enhance issues. If the hospitals will not be working, and that report is factually appropriate, why ought to it not be reported ? It is just for enchancment,” he stated.

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