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"The honest policeman rigs the evidence to convict the man he knows is guilty. Perhaps it is the only way he can get a conviction. The dishonest policeman rigs the evidence to convict a man he knows is innocent."

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🌟 Case law (for interpretation)-

βœ… Vijay D. Nagar v. State of Rajasthan 2008 SC


Section 162 Crpc ie. 181 BNSS

Implicationβ€”
No Bar of 162 on a statement made to police officer in inquiry or trial otherthan the one under which investigation of the same offence (same as inquiry and trial) is being held and it will be admissible provided the statement comes within any of the provisions of Evidence act.

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𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
https://www.thehindu.com/news/national/light-has-gone-out-of-the-constitutional-lamp-ag-noorani-was-a-justice-soldier-not-a-litigation-lawyer/article68593691.ece
🌟 MUST READ ARTICLE

πŸ‘¨β€βš–οΈ 1. Mistake by B.R. Ambedkar

Discussing the drafting of consultation (collegium one) provision in the constitution, Noorani criticised even B.R. Ambedkar for blithely telling the constituent assembly on May 24, 1949, that β€˜judiciary decides cases in which the government has, if at all, the remotest interest; in fact, no interest at all. The judiciary is engaged in deciding the issues between citizens and very rarely between citizens and the government.’ Subsequent decades proved Ambedkar wrong, and it is a common knowledge today that in 80% cases, government is one of the party.


πŸ“ 2. Whip Cannot be issued by Parliament when acting as Jury

Noorani was also a critic of impeachment process. He had criticised adoption of this process that had fallen into disuse even in England with last impeachment taking place in 1806. He criticised P. V. Narasimha Rao’s decision to issue a whip to abstain from voting on the impeachment motion of Justice V. Ramaswami as unconstitutional, since no whip can be issued when Parliament is sitting as jury during impeachment motion to pronounce verdict of guilty or not guilty.

🧠 3. Can a judge be guilty of Contempt of court in his professional capacity?

βœ… 4. Noorani’s well-researched book Political Trials (1775-1947)

βœ… 5. Criminal Defamation to Press

Noorani was an ardent advocate of freedom of press and was opposed to invocation of criminal defamation against the journalists. He even criticised Nehru government for proposing Ministers and Bureaucrats a summary remedy for criminal libel in respect of their public conduct. Even the British had not enacted such a regressive law. Noorani did appreciate Justice Jeevan Reddy’s observations in Nakkheeran (1994) that a journalist need not prove what he has written is true but that he acted after reasonable verification of facts.

βœ… 6. Article 370
Kashmiris need not cry on Article 370’s abrogation as in its operational mode, Article 370 was indeed more of Centre’s power rather than State’s autonomy. (40+ Constitutional orders over the period of all the governments)

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