Paridhi Arya
Published on May 20, 2022 at 16:36 IST
The three Judges Bench of Justice UU Lalit, Justice Ravindra Bhat and Justice Sudhanshu Dhulia observed that the policies which incentivise the Public Prosecutor on the basis of number of Convictions awarded in the matters he argued would weaken the Judicial Independence, Discretion and Fair Trial.
The Supreme Court while hearing the Case filed by Irfan@Bhayu Mevati who was sentenced Death Penalty by Trial Court and High Court of Madhya Pradesh affirmed it which he was challenging, Suo Moto Case was initiated.
This Suo Moto Case has initiated to examine Data of Death Penalty so that guideline while giving Death Penalty can be followed uniformly in all the Courts of India.
The Court asked Attorney General KK Venugopal to assist in the matter and Advocate K Parameshwar was also appointed as Amicus Curiae.
Eventually the Amicus Curiae submitted the report regarding the Police of State of Madhya Pradesh of incentivizing the Prosecutors although not financially.
Attorney General KK Venugopal opined that this Policy violates Human and Fundamental Rights grossly and so it should be struck down.
Amicus Curiae contended that in India we follow adversarial justice system, which is dependent on prosecutor and not on Judges.
Shreya Rastogi who was appearing on behalf of Project 39A of National Law University, Delhi also opposed this Policy.
Advocate Sourabh Mishra who was appearing on behalf of State of Madhya Pradesh stated that Government of State would review all such policies which incentivize on the basis of number of Sentences or Convictions.
The Bench has granted 7 days to Advocate Mishra to file Affidavit stating Government’s stand on Policy.
The decision on the matter reserved and will be delivered after summer vacations.