tag:blogger.com,1999:blog-6959663745656332605.post2895850321170135389..comments2024-03-29T17:35:55.455+05:30Comments on The Proof of Guilt: The Shifting Judicial Sands on Accused's Right to Rely on Exculpatory Material at the Stage of DischargeUnknownnoreply@blogger.comBlogger5125tag:blogger.com,1999:blog-6959663745656332605.post-32888279396863985832018-03-31T20:40:04.140+05:302018-03-31T20:40:04.140+05:30A preliminary audience in a criminal trial is one ...A preliminary audience in a criminal trial is one of great consequence, and the right to seek a discharge (threshold dismissal) is an enormously valuable right that the Criminal Justice System guarantees to the condemned.<br /><br /><a href="http://abassociates.org" rel="nofollow">Advocate in Patiala</a><br /><br /><a href="http://abassociates.org" rel="nofollow">legal help in Patiala</a>Anonymoushttps://www.blogger.com/profile/04214118483284583224noreply@blogger.comtag:blogger.com,1999:blog-6959663745656332605.post-13757024362007982252018-03-27T18:38:20.373+05:302018-03-27T18:38:20.373+05:30Absolutely. I’d say you are in a pretty good posit...Absolutely. I’d say you are in a pretty good position to see that happening soon. Abhinav Sekhrihttps://www.blogger.com/profile/05636505529930634000noreply@blogger.comtag:blogger.com,1999:blog-6959663745656332605.post-42395970476097879092018-03-27T17:59:12.203+05:302018-03-27T17:59:12.203+05:30I agree: those are the only two ways I can imagine...I agree: those are the only two ways I can imagine this will operate in practice. However, in the first case, the court will have to come to a finding about the "sterlingness" of material that is sought to be brought on record, based solely on the arguments and the application. Since it cannot come to such a finding regarding the quality without actually looking at the material, it will necessarily then have to see if there is a crucial bearing on the case. The problem here I feel is that Padhi is unequivocal that the "crucial bearing" question cannot be raised at the 228/240 stage, even after accounting for the "ordinarily". While I agree that Nitya is a step in the right direction, I still think it misreads Padhi.<br /><br />Further, the term "sterling quality" was used in Padhi in the context of S.482, and not as a test to be satisfied in any case. Not the way Nitya reads it.<br />In any case, these are inchoate thoughts based on my possibly incorrect reading of Padhi. I'd like to see how Nitya is actually argued at the charge stage.Anonymoushttps://www.blogger.com/profile/15473635440808972362noreply@blogger.comtag:blogger.com,1999:blog-6959663745656332605.post-31338692909414654282018-03-26T19:35:41.358+05:302018-03-26T19:35:41.358+05:30Hi Amartya. I can't speak for the authors, but...Hi Amartya. I can't speak for the authors, but I share your concerns over this test. You already acknowledge how this will involve some subjective determinations by the trial judge, so I will stick to how it may operate. This might happen in one of two possible ways: (i) accused files an application and during arguments itself the court decides whether or not the quality is "sterling" and is generally useful, or (ii) accused files application, court finds the usefulness requirement met and says get the material before me and then I will decide whether material is of "sterling" quality. <br /><br />Thoughts? Abhinav Sekhrihttps://www.blogger.com/profile/05636505529930634000noreply@blogger.comtag:blogger.com,1999:blog-6959663745656332605.post-85559460909813679632018-03-26T19:25:11.312+05:302018-03-26T19:25:11.312+05:30Thanks for this engaging post. I've had this (...Thanks for this engaging post. I've had this (possibly misguided) doubt fora while now re: the sterling quality test, in that it appears to be paradoxical.<br /><br />How will a court make a determination of the quality of material/evidence that is not even before it (yet). To come to a finding that the withheld material is of "sterling quality"(an indeterminate evidentiary standard in itself), the court will have to cause its production u/s 91 in the first place.<br /><br />Would like to hear your thoughts on this.<br />Thanks,<br />Amartya.Anonymoushttps://www.blogger.com/profile/15473635440808972362noreply@blogger.com