cover image: Constituent Assembly Debates. Official Report  Tuesday  14th June  1949

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Constituent Assembly Debates. Official Report Tuesday 14th June 1949

1949

The committing Magistrate takes evidence; the defence can take the statements of the witnesses in the Police diaries and can get the witnesses confronted with the statements before the Police. [...] What I beg to submit is that there is enough chance enough opportunity for the accused to cross-examine and to test the evidence and theft to put the whole case before the Sessions Court and after the Sessions Court he has got the right of appeal to the High Court. [...] Viewed from the side of the complainant from the side of the family which has been deprived of one of its near and dear ones by the foul hand of a murderer is it not simply shocking that under the garb of an appeal an accused person is provided with an opportunity to postpone or procrastinate the hand of justice? [...] So the basic question and the fundmental issue that is before us is not merely giving the right of appeal to a person convicted and sentenced to death here or there before the Supreme Court but that at some stage—whether the stage has come now or will come in the future is itself another debatable question—we have to take in hand the question and grappl with the problem of the reform o_ ou [...] In the Presidency towns the trial is held in the High Court sessions assised by a jury and in the mofussil and in provinces where the High Court has no original jurisdiction the acceused is tried by a Sessions Judge with the aid of a jury or assessors.
government politics public policy
Pages
40
Published in
India
SARF Document ID
sarf.100003
Segment Pages Author Actions
Frontmatter
i-ii unknown view
Draft Constitution
837-874 unknown view