New
Delhi:
India cannot have 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 Supreme Court said on
Thursday.
The
Supreme Court also said the “colonial mindset meted out to the district
judiciary” must change to preserve the faith of citizens and stated that judges
are “made targets when they stand up for what is right”.
The
Supreme Court made these crucial observations while cancelling the bail granted
to Madhya Pradesh BSP MLA's husband, who was arrested in over two-year-old
murder case of Congress leader Devendra Chourasia.
An
independent and impartial judiciary is the cornerstone of democracy and it
should be immune from political pressures and considerations, the Supreme Court
said.
“India
cannot have two parallel legal systems, one for the rich and resourceful and
those who wield political power and the other for small men without resources
without capabilities to gain justice.
“The
existence of dual system will only chip away the legitimacy of the law. The
duty also falls on the state machinery to be committed to the rule of law,” the
Supreme Court said.
A
bench of Justices DY Chandrachud and M R Shah said district judiciary is the
first point of interface with the citizens.
“If
the faith of citizens in the judiciary is to be preserved, it is the district
judiciary on which attention must be focused,” the bench said.
The
Supreme 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.
“The
colonial mindset meted out to the district judiciary must change, it is only
then that civil liberties for every citizen, be it accused victim or civil
society, will be meaningfully preserved in our trial courts which are first
line of defence for those who are being wronged,” the bench said.
The
Supreme Court said function of the judiciary as an independent institution is
rooted in concept of separation of powers.
Individual
judges must be able to adjudicate disputes in accordance with law unhindered by
any other factors and for that reason independence of judiciary and of each
judge is a must, the bench said.
Independence
of individual judges also encompasses that they are independent of their
superiors and colleagues, it said adding that our constitution specially
envisages Independence of district judiciary which is mentioned in Article 50.
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