JUDGEMENT
PRATIBHA RANI, J. -
(1.)"It's all very well to paint justice blind, but she does better without a bandage round her eyes. She should be blind indeed
to favour or prejudice, but clear to see which way lies the
truth......" (Lord Denning in Jones v. National Coal Board (1957) 2 QB 55)
(2.)IT is often quoted that every trial is voyage of discovery in which truth is quest. In our quest to ascertain the truth, we prefer to be guided
by the following observation made by the Supreme Court in Chandra
Shashi v. Anil Kumar Verma (1995) 1 SCC 421:
'To enable the courts to ward off unjustified interference in their working, those who indulge in immoral acts like perjury, prevarication and motivated falsehoods have to be appropriately dealt with, without which it would not be possible for any court to administer justice in the true sense and to the satisfaction of those who approach it in the hope that truth would ultimately prevail. People would have faith in courts when they would find that (truth alone triumphs) is an achievable aim there; or (it is virtue which ends in victory) is not only inscribed in emblem but really happens in the portals of courts.
Instant case is a glaring example as to how the local police colluded with the complainant to facilitate him in obtaining physical
possession of property No.3827, Ward No.3, Maqbool Prem Gali, Mori
Gate, title of which he carried only on papers. Infact, the entire
investigation is coloured with motivation to ensure that the complainant,
who was already armed with muscle power, succeed in his mission and
the hurdles in his way are taken care of by the local police.
(3.)IN the appeal, on noticing fabrication of record including the MLCs and the manner in which DD Nos.7 -A, 8 -A, 10 -A and 14 -A and
FIR have been recorded on 8.8.1993 at PS Kashmere Gate, in our quest
for ascertaining the truth for purpose of administration of justice, we are
constrained to play an active role.
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