Supreme Court: Dual Legal System for Rich and Poor Cannot Exist

The hearing was on a Madhya Pradesh Court order which refused to revoke the bail granted to Govind Singh, who was accused of murder of Congress member, Devendra Chaurasia.

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The Supreme Court on Thursday in the Somesh Chaurasia v. State of Madhya Pradesh case, stated that parallel legal systems, one for the rich and the other for those without resources is not acceptable.

The hearing was on a Madhya Pradesh Court order which refused to revoke the bail granted to Govind Singh, who was accused of murder of Congress member, Devendra Chaurasia. Singh is the husband of Madhya Pradesh BSP MLA Rambai Singh. A Bench of Justices DY Chandrachud and Hrishikesh Roy made these pertinent observations on the legal system during the course of the hearing.

“India cannot have two parallel legal systems, one for the rich and the resourceful and those who wield political power and influence and the other for the small men without resources and capabilities to obtain justice or fight injustice,” the Court said.

The above judgement was delivered on an appeal filed by Somesh Chaurasia who is the son of Devendra Chaurasia. The Court made this statement after the trial judge had alleged that he was being subject to political pressure. The SC condemned such apprehension in the case owing to political pressure by saying, “the existence of a dual legal system will only chip away the legitimacy of the law.”

“The duty also falls on the State machinery to be committed to the rule of law and demonstrate its ability and willingness to follow the rules it itself makes, for its actions to not transgress into the domain of governmental lawlessness,” the judgment said.

The SC proceeded to order the MP High Court to begin an enquiry on the administrative side so as to make an appropriate decision regarding the case. The enquiry should be concluded preferably within a period of one month from the date of the receipt of copy of the judgment, as per the court.

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