should weigh with the Court when it deals with the collective
conscience of the people or public opinion. After all, the society’s
perspective
is
generally
formed
by
the
emotionally
charged
narratives. Such narratives need not necessarily be legally correct,
properly informed or procedurally proper. As stated in Report No. 262
of the Law Commission …….“the Court plays a counter-majoritarian
role in protecting individual rights against majoritarian impulses.
Public opinion in a given case may go against the values of rule of
law and constitutionalism by which the Court is nonetheless bound”
and as held by this Court in Santosh Bariyar (supra) public opinion
or people’s perception of a crime is …….“neither an objective
circumstance relating to crime nor to the criminal”. In this context,
we may also express our concern on the legality and propriety of the
people engaging in a “trial” prior to the process of trial by the court.
It has almost become a trend for the investigating agency to present
their version and create a cloud in the collective conscience of the
society regarding the crime and the criminal. This undoubtedly puts
mounting pressure on the courts at all the stages of the trial and
certainly they have a tendency to interfere with the due course of
justice.
25.
Till the time death penalty exists in the statute books, the
burden to be satisfied by the Judge in awarding this punishment
28
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents