'India can't have two parallel legal systems - one for rich & one for poor': Supreme Court

In what amounts to a sturdy stance by the judicial system, the Supreme Court on July 22 observed that India cannot have two parallel legal systems, one for the rich and resourceful and those who wield political power and the other for those without resources and capabilities to fight for justice. A Division Bench of Justices DY Chandrachud and MR Shah pointed out certain fundamental contributory factors of a committed rule of law.

The Bench made crucial observations while cancelling the bail granted to a Madhya Pradesh BSP MLA's husband who was arrested in a two-year-old murder case of Congress leader Devendra Chourasia. The Apex court further said, "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 Bench made crucial observations while cancelling the bail granted to Madhya Pradesh BSP MLA's husband who was arrested under a two-year-old murder case of Congress leader Devendra Chourasia.

"Impartial Judiciary should be immune from political pressures": Supreme Court

Asserting that India's legal system ought not to be lopsided i.e. one for the affluent and well-networked and the other without resources and competence to obtain legitimacy, the top court said that the existence of a dual system would only chip away the legitimacy of the law. Placing the onus of the same on state machinery, SC held that they should be committed to the rule of law as well.

"A judiciary susceptible to such pressures allows politicians to operate with impunity and criminality to flourish in the political apparatus of the State," the Bench stated.

The Court further said "An independent and impartial judiciary is the cornerstone of democracy and it should be immune from political pressures and considerations."

The Bench said that the district judiciary should concentrate much attention as it is the first point of interface with the citizens for their faith in the legal system will be preserved. The Court said that trial court judges work amidst appalling conditions, lack of infrastructure, inadequate protection and there are examples of judges being made targets when they are righteous.

"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 Court said during the hearing of the murder case of Congress leader Devendra Chourasia

"Separation of powers root of Indian judicial system": SC

Citing the concept of separation of powers as the principal root of an independent functional judicial system, the Bench further said that individual judges must be able to adjudicate disputes in accordance with law unhindered by any other factor and for that reason independence of the judiciary and of each judge is mandatory.

Article 50 of the Indian Constitution contains a Directive Principle of State Policy that provides that the country must take steps to separate the three vital organs of democratic governance, namely, the judiciary from the executive in the public services and the legislature altogether.

Pursuant to this, the Bench said that the independence of judges encompasses their independence from superiors and colleagues as envisaged under the aforementioned provision of the Constitution.

SC revokes bail granted to a Madhya Pradesh BSP MLA's husband 

Supreme Court cancelled the bail granted to a Madhya Pradesh BSP MLA's husband Govind Singh in the murder case of Congress leader Devendra Chourasia. The apex court's judgment came on pleas by Somesh, son of Chaurasia, and the state government seeking cancellation of bail granted to Singh.

Division Bench set aside the order of the MP High Court granting bail and said the HC had misapplied legal principles. The Bench said a clear cancellation of bail was established and the HC committed a "grievous error" in granting bail to the accused. The district judge noted in his February 8 order that he was “pressured” by his subordinates. On March 28, Singh, who was absconding, was arrested by the police after the top court had given a deadline to the MP DGP to either arrest him or face coercive action.

On March 26, the top court had observed that an effort was made to shield the accused after the DGP had said that despite the order of the court, police were not able to apprehend or arrest him. The pleas claimed he was involved in several murder cases while on bail.

Chaurasia was killed in March 2019 after he joined the Congress. The police had then registered a murder case against Singh and others.