SC: India Cannot Have 2 Legal Systems, One For Rich And Another For Poor

Name of the Case

Somesh Chaurasia v. State of Madhya Pradesh

Factual Background

• The husband of an MLA of BS Party of MP was arrested on the charges of murder of Congress leader Devendra Chaurasia.
• The High Court had rejected the plea to revoke the bail granted to the acused.
• The deceased’s son filed an appeal before the Supreme Court.

Court’s Observation

• The Apex Court stated that there cannot be two different legal systems, one for the poor without reasources and capabilities and other for the rich and prvileged with resources and political powers.
• The district judiciary’s colonial mindset must evolve in order to maintain the trust of the citizens and that judges are made targets when they stand up for what is right.
• Judiciary is one the important cornerstones of democracy and it is crucial that it stays immune to political pressures.
• The legitimacy of the legal system will fade away if a dual system of justice comes into play.

Court’s Orders

• The Trial Court judge had expressed the political pressure made in the case and the Apex Court has issued directions to enquire into the matter and take appropriate actions for the same.
• The Court cancelled the bail granted to husband of MP BSP MLA Rambai Singh.
• The accused was ordered to be transferred to another jail to ensure fair criminal proceedings after observing that he was being shielded from justice administration.

Do you think the rich and the poor get differential treatment in the judiciary? What do you think is the reason of your opinion? Tell us in the comments section below!