Fear cannot take over judge's discretion: SC
New Delhi, Jan. 6 -- The Supreme Court on Monday held that in a democracy, fear cannot take precedence over a judge's discretion in deciding cases as it reversed the order dismissing a Madhya Pradesh district judge on the allegation that he wrongly exercised his discretion in granting bail in excise cases.
A bench of justices JB Pardiwala and KV Viswanathan said, "Courts of the district judiciary wield powers necessary for the functioning of the justice delivery system in India and when their autonomy is compromised by higher courts and fear takes precedence over judicial duties, democracy and the rule of law suffer."
The court was dealing with a petition filed by Nirbhay Singh Suliya who was dismissed as an additional district and sessions...
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