Saturday, October 24, 2015

Anti corruption Traps in the Courts - Bom HC judgement 2015

CRIMINAL APPEAL NO.1069 OF 2013

SHRIDHAR CHAVAN
Vs.
THE STATE OF MAHARASHTRA


CORAM :
ABHAY M. THIPSAY, J.
             
Decided on: 13/10/2015

....traps in the premises of the Court on
working days, cannot be organized without the permission of the Judge who is in­charge of the administration of such Court, or the Principal District Judge, or the High Court. The working of the courts of law is distinguishable from the offices of the government departments.  In the court premises, there is presence of advocates and advocates' clerks, who, quite often – lawfully and for lawful purposes – receive amounts in cash from the litigants or their representatives.  No receipts regarding such amounts are passed – atleast not at that time.  The members of the staff of the court, are quite often required to assist the litigants or the advocates, and to provide answers to their queries.   Implicating a member of the court staff falsely, with respect to the accusation of his having demanded   and/or   accepted   illegal   gratification   is   easier   than implicating public servants working in other departments.  If the police are permitted to lay traps without such permission, it can indeed pose a serious threat to the administration of justice and independence of judiciary.  On the contrary, no harm can possibly be suffered by seeking the permission of the concerned Judge or his superior, or the High Court.

Bombay High Court

Source:
http://indiankanoon.org/doc/16733212/

1 comment:

Yatika Dhingra said...

Its really helpfull and informative , Amazing work
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