TMI Blog2000 (8) TMI 1127X X X X Extracts X X X X X X X X Extracts X X X X ..... comprehension. State of Karnataka, unable to abide by the directions issued as per the order, has filed this appeal by special leave. For disposal of this appeal we did not find any necessity to issue notice to the sole respondent (Registrar General of the High Court of Karnataka) as he would have nothing to say about the impugned directions. So we propose to dispose of the matter without bringing the respondent to this Court. 4. How the above situation reached can be summarized thus: 5. Seven persons were prosecuted in a sessions court for various offences, the serious-most among which was the offence under Section 307 of the IPC. after the trial the Sessions Judge acquitted all the accused. The testimony of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of poor investigation followed up by a total lack of Interest in the conduct of the prosecution that has resulted in the accused being acquitted. Murders are committed with impunity and the other set of cases of which we need to take very serious note relating to atrocities against women where even the reported number of cases has sharply increased. We have come across a series of horrifying incidents where young married women were harassed, tortured and set on fire, another line of cases where girls and women have been molested, sexually attacked and raped. String of acquittals in all these cases which are as high as 96.4% only because the requisite evidence and the evidence of the quality that the Court expects has not been forthcoming ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spent, is at all to justify its existence, the Government will have to take serious note of the observations and rectify the state of affairs. 9. After making some more sweeping remarks on the present system of criminal law administration the Bench said the following also: Similarly, the principal disease that has infected the criminal justice system in the State is the cheerful manner in which the Court is informed that the vital witnesses are hostile who is responsible for this is not difficult for the court to infer, the moment the question is asked as to who is the beneficiary. The investigating agency also owes a duty to ensure that the vital witnesses are present and that they produce the type of evidenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted on young married women including bride burning , (4) molestation and rape of girls and young women. We have already extracted a gist of the facts of this case. None of the fields to which learned Judges pointed their fingers would cover the facts of this case. Hence learned Judges dealt with subjects which are totally undermine and far beyond the scope of this case as though it was presentation of a paper in a seminar. Why should the Home Minister and the Home Secretary react to the observations which are absolutely uncalled for on the facts of this case. 12. Judicial disposition is definitely different from a paper presented for seminar discussion. Nor can it be equated with a dissertation. Judicial decorum requires tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat organised unit which is known as the Indian Police Force (c) Where every fish barring perhaps a few stinks, it is idle to pick out one or two and say that it stinks. 14. S.K. Das, J. (as he then was) speaking for the four Judge Bench expressed complete disapproval of those impugned observations and reminded thus: It is not infrequent that sweeping generalisations defeat the very purpose for which they are made. It has been judicially recognised that in the matter of making disparaging remarks against persons or authorities whose conduct comes into consideration before a courts of law in cases to be decided by them, it is relevant to consider (a) whether the party whose conduct is in question is before the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
