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SC upholds due process rights in landmark case involving Devendra Gangal

Supreme Court upholds due process rights in Devendra Kumar Gangal case

In a recent legal matter that involved Mr. Devendra Kumar Gangal, the Supreme Court of  India has reaffirmed the utmost significance of due process and safeguarding the rights of individuals.  Mr. Gangal’s name was included in a charge sheet eight years after the case was initially registered.

The SC has, in a significant and precedent-setting decision, overturned the order issued by the High Court of Judicature at Allahabad on January 25, 2023. The decision marks a crucial victory for justice and the safeguarding of individual rights.

The central concern that emerged was the significant delay in formally implicating Mr. Gangal in the matter, prompting substantial investigation into the integrity of the legal process and raising doubts related to the validity and trustworthiness of the allegations leveled against him. In a stunning display of judicial acumen, the Supreme Court meticulously considered the temporal aspect as well as a myriad of other critical facts and circumstances related to the case. Prompting the SC to advocate for a course correction, a resounding call for justice emerged, in a thorough and meticulous examination.

The Supreme Court made a momentous decision on May 11, 2023, when it delivered a crucial order granting significant protection to Mr. Gangal. This ruling not only marks a legal triumph for the plaintiff but also serves as a resounding affirmation of the Indian legal system’s fundamental principles of fairness, justice, and due process. The recent decision acts as a poignant reminder of the detrimental consequences that arise when justice is delayed. It highlights the crucial principle that the legal system must function with utmost efficiency and promptness to protect individuals’ rights, preventing them from enduring unnecessary hardships or injustices caused by prolonged delays in legal proceedings.

How significant Supreme Court’s decision is in this case cannot be understated due to several reasons. The importance of due process in the Indian legal system is underscored, as it ensures that individuals are given fair and equitable treatment under the law. Additionally, this action serves as a powerful reminder to lower courts about the significance of upholding due process and preventing unnecessary delays in legal proceedings. In a significant development, the Supreme Court has issued  a decision that can be viewed as a resounding triumph for individual rights. The decision helps reinforce the fundamental principle that every person, whatever their their circumstances might be, is entitled to impartial and equitable treatment under the legal system.

According to the Criminal Appeal of the case, “A criminal appellate jurisdiction case was heard, in the Supreme Court of India, between the appellant and respondent.  The appellant filed a First Information Report in 2012, which was later transferred to the C.B.I., which registered a fresh FIR in 2015. Three chargesheets were filed, but a fourth chargesheet was filed on 06.10.2021, implicating him. The appellant was not taken into custody in the past eight years.

The appellant’s counsel argued that he enjoyed protection against arrest from 07.01.2021, but the chargesheet in which he was implicated was filed only on 06.10.2021. The court deemed it fit to grant protection to the appellant, and the appeal is allowed. The Trial Court is directed not to remand the appellant to custody in the criminal case arising from the FIR. The appellant must cooperate by appearing before the Trial Court on all hearings and participating in the trial.

The appellant’s counsel included  Hon’ble Mr. Justice V. Ramasurbramani and Hon’ble Mr. Justice Pankaj Mathaal. Abhishek Manu Singhvi, Sr. Adv., Mr. R Basant, Sr. Adv., Mr. Vardhman Kaushik, AOR, Mr. Nishant Gautam, Adv., Dhruv Joshi, Adv., Mayank Sharma, Adv., Abhinav Singh, Adv., Ajay Kanojia, Adv., Sanjana Mehrotra, Adv., Vinay Kaushik, Adv., Ayush Singh, Adv., and Abhijit Banerjee, Adv.”

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