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Supreme Court of India 2018-11-12 dismissed

Lourembam Deben Singh & Ors vs Union of India & Ors. etc

Bench: 2 — Madan B. Lokur, Uday Umesh Lalit

In Brief

Manipur police officers sought recusal of the Supreme Court Bench hearing an extra-judicial executions petition, claiming that oral observations made during a continuing mandamus hearing had prejudged their guilt and created apprehension of bias. The Court held that observations made during ongoing mandamus proceedings do not compromise the independence of investigating teams or trial courts. Once a charge-sheet is filed, the trial court has exclusive authority and is presumed sufficiently independent to adjudicate fairly. The Court rejected unsubstantiated claims of demoralisation and found no concrete evidence of bias. Applications for recusal were dismissed, emphasising that institutional integrity of the judiciary and investigating agencies must be maintained.

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Constitutional Law Judicial Recusal Human Rights Extra-Judicial Executions Criminal Procedure Judicial Independence Institutional Integrity Bias and Prejudice Continuing Mandamus

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