State machinery to be committed to the rule of law

• Section 302 IPC  Cancellation of bail  Murder Criminal antecedents  Using political clout to prevent a fair investigation of FIR  Failure of police to properly investigate the FIR A warrant of arrest was issued  Despite the issuance of the warrant of arrest and a proclamation, the accused was not arrested State provided security to accused because his spouse who is an MLA  High Court by simply disposing of the IAs seeking cancellation of bail ignored material considerations which ought to have weighed in the decision High Court failed in its duty to ensure that the sanctity of the criminal justice process is preserved - Judiciary should be immune from political pressures and considerations - A judiciary that is susceptible to such pressures allows politicians to operate with impunity and incentivizes criminality to flourish in the political apparatus of the State - India cannot have two parallel legal systems, "one for the rich and the resourceful and those who wield political power and influence and the other for the small men without resources and capabilities to obtain justice or fight injustice." The existence of a dual legal system will only chip away the legitimacy of the law. The duty also falls on the State machinery to be committed to the rule of law and demonstrate its ability and willingness to follow the rules it itself makes, for its actions to not transgress into the domain of "governmental lawlessness" - Order of High Court shall stand set aside Bail cancelled - Appeal allowed

SOMESH vs STATE OF MP CRLA 590/21 22/07/21 [ Dhananjaya JJ ]

[ SUPREME COURT ]