Wednesday, October 23, 2024
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SC invokes Art. 142 for CBI into SSR case, cites ‘complete justice’

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The Supreme Court ruling ordering a CBI probe into the unnatural death of Sushant Singh Rajput will be remembered as a case where a single judge bench exercised the powers under Article 142 of the Constitution.
Justice Hrishikesh Roy cited the Justice L.S. Panta judgement, “Under Article 142 of the Constitution, this court in exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any “cause” or “matter” pending before it. The expression “cause” or “matter” would include any proceeding pending in court and it would cover almost every kind of proceeding in court, including civil or criminal.”
The apex court cited that its power under Article 142(1) to do “complete justice” is entirely of different level and of a different quality.
“This Court’s power under Article 142(1) to do complete justice is entirely of different level and of a different quality. What would be the need of “complete justice” in a cause or matter would depend upon the facts and circumstances of each case and while exercising that power the Court would take into consideration the express provisions of a substantive statute,” Justice Roy cited the Panta judgement.
Justice Roy noted that Bihar and Maharashtra governments are making acrimonious allegations of political interference against each other, and the legitimacy of the investigation has come under a cloud. (IANS)

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