Lawstreet Journal

Supreme Court begins hearing Zakia Jafri plea [LIVE UPDATES]

Lawstreet Journal 10 Nov 2021 6:01pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court begins hearing Zakia Jafri plea [LIVE UPDATES]

Kapil Sibal: Now what I am going to demonstrate is that SIT did not do any investigation. I am gonna prove that through those documents. Bring for your kind consideration Article 21 of the Constitution is a mandate for the protection of liberty.

Another aspect is the mandate for deprivation of liberty. That procedure established by law is the CrPC. It has a negative as well as a positive connotation.

Procedure has to be fair and reasonable. The question is has the SIT followed procedure established by law in dealing with evidence before them. This also provides the rationale for a protest petition. Why were protest petitions allowed.Because the real affected party had no say.

In Bhagwan Singh’s case, the court said No, the real complainant is to be heard and if the investigation is not proper he can approach the court and protest and the court must look at this evidence. The citation is (1985) 2 SCC 5 37.

The first judgment on the subject of the protest petition was AIR 1967 SC 117, Abhinandan Jha, Then came Bhagwan Singh. Kindly look at Para 4.

Milords kindly note that Mr. Jafri’s wife filed the complaint, she was also an injured: KapilSibal

Now, this judgment has been followed throughout. This was to show that I was in a dual capacity. That is why this court said to investigate everything. This is (2011)12 SCC 302, again Para 10 and 11 - KapilSibal

Sibal: This is in respect of my complaint which talks about a larger conspiracy. The amicus… Continue Reading...


Tagged: Zakia Jafri  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com