SC: Newspaper Items Without Further Proof Hold No Evidentiary Value

Must Read

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence...

Himachal Pradesh High Court Disposes Suit for Possession and Permanent Prohibitory Injunction Due To Mutual Consent

In the case of Parveen Kumar vs Smt. Vijay Laxmi and Ors, the Petitioner, Parveen had filed a suit for declaration,...

Supreme Court Appoints Committee To Examine Arbitrariness of Sealing of Resorts in Elephant Corridor, Tamil Nadu

A Full Bench headed by the Chief Justice of India, in the matter of Hospitality Association of Mudumalai V. In...

Madhya Pradesh High Court Rules That Export Ban on N95 Masks & PPE Kits Does Not Violate Fundamental Right of Traders

The Madhya Pradesh High Court held that the formulation and regulation of trade policies were within the subjects of...

Delhi High Court Issues Notice To Two Pleas Filed Praying for Recognition of Same-Sex Marriage

The Court heard two writ petitions which urged that the Special Marriage Act and the Foreign Marriage Act be...

Follow us

On 19th August 2020, a Supreme Court Bench comprising of Hon’ble Chief Justice of India, S.A. Bobde, Hon’ble Justice A.S. Bopanna and Hon’ble Justice V. Ramasubramanian heard the case of Ghanshyam Upadhyay v State of UP.

Brief Facts 

The Petitioner filed a Writ Petition under Article 32 of the Constitution of India. The said petition was for seeking issue of Writ of Mandamus and initiating action concerning the destruction of residential building and other properties of accused gangster, Vikas Dubey, and to safeguard his life. Before this Petition was in consideration, certain developments occurred including the alleged encounter of the accused by the police. Subsequently, several other writ petitions were also filed in this regard and the Court took all of them for consideration together. In the course of proceedings, the Apex Court ordered the State Government to expand the Enquiry Commission formed by the state in this regard. As a consequence, Dr Justice B.S. Chauhan, a former judge of the SC and Mr K.L. Gupta, IPS, former Director-General of Police were then added to the commission. The commission also comprised of Justice Shashikant Agrawal as Chairman and Member respectively.

The present Petition was hence filed seeking scrapping of the judicial commission constituted by the State. It also sought the constitution of an SIT to carry out an investigation. The reason stated for the same was the alleged conflict of interest and bias on part of Dr Justice B.S. Chauhan and Shri K.L. Gupta. The Petitioner raised the contention that Shri K.L. Gupta and Shri Mohit Agarwal, the IG of Kanpur are relatives. The brother and relatives of Justice B.S. Chauhan were legislators of Bhartiya Janata Party. He placed reliance on an article published by “The Wire” to further his argument.

Judgment

The Court dismissed the said Petition as it lacked merit. This was because there was no other proof of conflict of interest or bias except that stated in the newspaper article. In this matter, the Court relied on precedents of the same Court regarding the evidentiary value of newspaper reports and stated that newspaper items without further proof hold no evidentiary value.

The Court further stated that the enquiry will in the public domain and the Petitioner could be a part of the same.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from courts. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as he was aggrieved by the...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence in diagnosing the septicemia and...

Himachal Pradesh High Court Disposes Suit for Possession and Permanent Prohibitory Injunction Due To Mutual Consent

In the case of Parveen Kumar vs Smt. Vijay Laxmi and Ors, the Petitioner, Parveen had filed a suit for declaration, possession and a permanent prohibitory...

Supreme Court Appoints Committee To Examine Arbitrariness of Sealing of Resorts in Elephant Corridor, Tamil Nadu

A Full Bench headed by the Chief Justice of India, in the matter of Hospitality Association of Mudumalai V. In Defence of Environment and Animals...

Madhya Pradesh High Court Rules That Export Ban on N95 Masks & PPE Kits Does Not Violate Fundamental Right of Traders

The Madhya Pradesh High Court held that the formulation and regulation of trade policies were within the subjects of the Central Government. Any reasonable...

Delhi High Court Issues Notice To Two Pleas Filed Praying for Recognition of Same-Sex Marriage

The Court heard two writ petitions which urged that the Special Marriage Act and the Foreign Marriage Act be interpreted to also apply to...

Supreme Court Allows Appeal Challenging Allahabad High Court Order Granting Interim Bail on Medical Grounds

An appeal was filed before the Supreme Court, challenging the Judgment & Order of the Allahabad High Court in the matter of State of U.P...

Bombay High Court Allows Petition Seeking Lawyers and Legal Clerks To Travel in Local Trains

The present hearing arose out of a batch of Public Interest Litigations that was filed in the Bombay High Court to permit the members...

Provisions for Retirement of Teachers Must Be Read With the Larger Interest of Students in Mind: Supreme Court

Supreme Court in Navin Chandra Dhoundiyal v State of Uttarakhand reinstated the appellants to their position as Professor on basis of re-employment till the...

Parties Cannot Deny Specific Performance Merely Due To Delay: Supreme Court

The Supreme Court, in Ferrodous Estate v P Gopirathnam, revisited the law on the specific performance of a contract. It reiterated that mere delay...

More Articles Like This

- Advertisement -