Top News

New Delhi, May 23 (PTI): The Supreme Court on Friday said describing any court as a "lower court" was against the constitutional ethos.

Justices Abhay S Oka and Augustine George Masih made the observation while acquitting two life convicts in a 1981 murder case.

"Before we part with the judgment, we reiterate the direction issued in the order dated February 8, 2024, that the record of the trial court should not be referred to as 'lower court record'. Describing any court as a 'lower court' is against the ethos of our Constitution," Justice Oka, who authored the verdict for the bench, said.

He said the apex court registry had issued a circular in February last year for giving effect to the order.

The high courts must take note of the direction and act upon the same, the judge added.

The bench's verdict came on the appeals of the two convicts, challenging the October 2018 verdict of the Allahabad High Court.

The high court had upheld their conviction in the murder case and the jail term.

The top court said an FIR was registered by police in May 1981 against three accused for allegedly murdering a man and injuring a woman.

In October 1982, a trial court convicted the two accused and sentenced them to life term whereas the third accused was acquitted.

The two convicts moved the high court challenging the trial court order.

The top court observed the prosecution did not conduct a fair investigation as it suppressed important material in the form of affidavits of some prosecution witnesses.

"Under Article 21 of the Constitution of India, the accused is entitled to a fair trial. Even the police are under an obligation to carry out a fair investigation. This is a crucial aspect of fairness," the bench said.

The objective of the investigation, the bench said, was to ensure real culprits were brought to justice.

The legal system must ensure that an innocent person was not punished, it added.

The top court found it "unsafe" to convict the appellants merely on the basis of a witness' testimony.

"The failure to conduct further investigation based on the affidavits goes to the root of the matter. The failure to recover the weapons of offence also becomes relevant in the background of these circumstances," it said. 

(This report has been published as part of the auto-generated syndicate wire feed. Apart from the headline, no editing has been done in the copy by ABP Live.)