x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   "CM Omar Abdullah does not like opposition": LoP Sunil Sharma | Chief Justice J&K and Ladakh High Court visits Sharda Temple LoC Teetwal | BJP Chief holds strategy meet for next round of Assembly polls | Educated Unemployed Youth Turns Entrepreneur: "Musafir Cafe" Inaugurated in Bhatindi | Udhampur police arrests absconder after over 10 years | Vice Prez Radhakrishnan to launch India's first non-GMO popcorn maize hybrid seed in Andhra | No new strain of H1N1, say ICMR sources as swine flu cases rise | BJP holds state office bearers' meeting at Srinagar | Power tariff hike is anti-people policy, says Ghulam Ali Khatana | Healthy Weight, Healthy Heart: Dr Sushil | NC deprived Srinagar's residents of their social, economic and political rights: Syed Mohammad Altaf Bukhari | Police apprehends drug peddler; Heroin-like substance recovered | JMC ensures timely redressal of waterlogging amidst heavy rainfall | Ladakh proposes to Centre 36 Rock and RCC Check Dams | Demand to honour Baba Jitto and preserve his glorious history | HPS organised drug awareness program | Ahead of Raksha Bandhan, CM gives four major gifts to 3.54 lakh Rasoiyas | Pinegrove's Bilingual Brilliance Triumphs at the 9th Mohinder Memorial Turncoat Debate | Dream of Viksit Bharat becoming a reality, every district of Haryana connected with Expressways: CM Nayab Singh Saini | Under the leadership of Dr KK Khandelwal, the Bharat Scouts and Guides to lead South Asian Scouting through SAANSO | Under the leadership of Dr KK Khandelwal, the Bharat Scouts and Guides to lead South Asian Scouting through SAANSO | Haryana committed to strengthening social unity through equality, dignity and inclusive development: CM Nayab Singh Saini | Central Bank of India Chandigarh region organises retail credit outreach camp | Adv Ghulam Nabi Lone Hanjura Continues Village-to-Village Outreach in Charisharief | Aayan brings laurels | ADC Bhaderwah reviews arrangements for Manimahesh, Kailash Yatra | Congress faces fresh storm: Loyalists angry over key posts for Azad returnees | From Jammu’s fortress to Srinagar’s doorstep: BJP’s historic Valley gambit | Drone alert on border: Hiranagar villages on edge as search operation intensifies | Prepare yourself for 2047, Ensure Nation’s Progress : LG Sinha | Jammu court sentences drug convict to 3 years in 18-year-old NCB case | Heavy rains affect normal life in Jammu | Doctors caution against indiscriminate antibiotic use | Some sugar imports may land before Oct 15 | PM Modi hails India’s space journey | Anti-narcotics drives do begin from September | Centre pushes states to speed up PNG adoption | NSA Doval to visit China today | Science in the Race to Slow Down Ageing | Jammu & Kashmir’s Path to a Safer Harvest: A Blueprint for Phasing Out Hazardous Chemicals | Sky Is Not The Limit | Back Issues  
 
news details
Inconsistent judicial decisions shake public trust: SC
4/29/2025 10:48:05 PM
New Delhi, Apr 29:
Agencies

The Supreme Court on Tuesday observed inconsistent decisions from different benches shook public trust and outlined their consistency to be hallmark of a responsible judiciary. A bench of Justices P S Narasimha and Joymalya Bagchi was hearing a matrimonial matter where two different single benches of Karnataka High Court had passed contradictory verdicts.
“The case at hand portrays a disturbing picture. While one judge refused to quash proceeding against the in-laws, inter alia, observing the wound certificate demonstrates the appellant was assaulted and suffered simple injuries, another judge by the impugned order quashed the proceeding against respondent husband holding the medical certificate was not consistent with the allegations in the complaint, i.e., the wound certificate does not show the injuries were caused by a blunt weapon.”
Justice Bagchi, who authored the verdict, censured the order passed by the second judge, who quashed the proceedings against the husband.
“Having perused the impugned judgment, we are of the view the judge erred in law by embarking upon an enquiry with regard to the credibility or otherwise of the allegations in the FIR/chargesheet.”
The top court opined the judge compared the nature of assault described in the FIR in relation to the wound certificate and held the allegations to be untrue.
In the process, the bench said, the judge performed a mini-trial to quash the proceeding -- an exercise impermissible in law.
The top court said though the order refusing to quash the proceeding against some of the in-laws was passed earlier, it was inexplicable why it did not find a mention in the order quashing the proceedings against the husband.
“It was incumbent on the judge while quashing the proceeding against the respondent husband to refer to the earlier decision of the co-ordinate bench and distinguish the reasons therein to arrive at a different conclusion. Failure to do so infracts judicial propriety and discipline,” the bench said.
Consistency in judicial outcomes, it underscored, was the hallmark of a responsible judiciary.
“Inconsistent decisions coming out from different benches shake public trust and reduce litigation to a punter’s game. It gives rise to various insidious sharp practices like forum shopping spoiling the clear stream of justice.”
The top court said the high court judge “misdirected himself” in holding that the proceeding was malicious and an abuse of the process of the court as the matter was pending in the matrimonial court.
“Offences involving cruelty on wife would invariably arise out of matrimonial disputes,” it added.
The bench said the impugned order suffered from the “vice of judicial caprice” and deserved to be set aside.
Notably, the top court said the pendency of the matrimonial case couldn’t per se lead to an inference that institution of criminal proceeding alleging assault supported by medical evidence and independent witness was a “product of malice and abuse of the court”.
The bench said it was nobody’s case that no injury was noted in the wound certificate thereby rendering the allegation of assault patently absurd or inherently improbable.
“In this backdrop, it was unwarranted for the judge to embark on a mini trial to weigh the ocular version vis-à-vis medical evidence and quash the proceeding. Whether the ocular evidence is fully incompatible with medical evidence is a matter of trial and cannot be a ground to terminate prosecution at the initial stage,” it added.
The top court’s order came on a plea of the wife against the high court order quashing the criminal case against her estranged husband.
She alleged her estranged husband had an affair with another woman and the latter verbally abused her.
Her estranged husband and in-laws, she alleged further, harassed her physically and mentally aside from demanding a Rs 2-lakh dowry.
Owing to the ill-treatment meted out to her and the dowry demand, she moved in with her parents.
The case was lodged against the husband and in-laws over charges of assault and dowry harassment.
The husband and others moved the high court seeking quashing ofthe FIR.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU