The Supreme Court on Tuesday (Dec 17) held that Constitutional courts (High Courts and Supreme Court) do not have the authority to direct trial courts to adopt a specific format or manner for writing orders in bail cases. A Bench of Justices Abhay S Oka and Augustine George Masih reaffirmed that Constitutional courts cannot encroach upon the discretionary powers of trial courts by prescribing a specific format for writing orders in bail cases.
The Allahabad High Court has called for a law to compensate those wrongfully prosecuted, noting that trial courts may convict innocent individuals to protect their own reputations. The Court emphasized the need for a structured compensation framework after acquitting a man who spent 13 years in prison for a murder he did not commit, citing concerns over India’s justice system.
The Supreme Court expressed concern over the confusion and misapplication of laws regarding criminal breach of trust and cheating. It noted that police often file FIRs for both offenses based on mere claims of dishonesty, causing numerous injustices. The court stressed the need for proper training of police officers to understand the distinction between the two offenses.
Today, On 8th August, The Supreme Court criticized a Delhi High Court rule that limits trial courts from rebuking police. The rule, outlined in Part H of the Delhi High Court’s “Practice in the Trial of Criminal Cases,” dictates that courts should refrain from censuring police unless strictly relevant. The Supreme Court expressed concerns about the rule impinging on judicial discretion.
The Delhi High Court has directed lawyers to avoid unnecessary adjournments and to file timely status reports in bail, parole, and similar cases. The circular emphasizes the importance of expeditious case disposal and efficient judicial functioning. It mandates the submission of status reports and requests prompt compliance with court orders for smooth judicial proceedings.
Chief Justice of India D Y Chandrachud on Saturday advocated for the adoption of Artificial Intelligence (AI) in the judicial system albeit in a measured way. “I may make multiplication errors but the machine-operated robot cannot have that sense of empathy or compassion which a judge has”: says CJI.
The Allahabad High Court criticized the District Legal Services Authority and the trial court for failing to ensure the release of Beeru Kumar, an undertrial prisoner granted bail last year. Kumar remained in jail for almost a year due to an inability to provide required sureties. The court emphasized the need for better oversight and assistance for undertrials to prevent extended unlawful detentions.
The Delhi High Court emphasized that trial courts must have the conviction judgment prepared before declaring an accused guilty. This ruling came after a case where two men were ordered into custody before the judgment was ready. The court directed District and Sessions Judges to ensure proper procedures to safeguard the rights of the accused.