As guiding star in judicial process


As guiding star in judicial process

Para 30: The appellant submitted that for more than two decades the appellant is without the possession of her own house despite the fact that she has valid title to the suit property.

Para 31: In this unfortunate litigation, the court’s serious Endeavour has to be to find cut where in fact the truth lies. The truth should be the guiding star in the entire judicial process.

Para 32: Truth alone has to be the foundation of justice. The entire judicial system has been created only to discern and find out the real truth. Judges at all levels have to seriously engage themselves in the journey of discovering the truth. That is their mandate, obligation and bounden duty.

Para 33: Justice system will acquire credibility only when people will be convinced that justice is based on the foundation of the truth.

Para 35: What people expect is that the court should discharge its obligation to find out where in fact the truth lies. Right from inception of the judicial system it has been accepted that discovery, vindication and establishment of truth are the main purposes underlying the existence of the court of justice.

Para 39: Certainly, the above, is not true of the Indian Judicial System. A judge in the Indian system has to be regarded as failing to exercise its jurisdiction and thereby discharging its judicial duty, if in the guise of remaining neutral, he opts to remain passive to the proceedings before him. He has to always keep in mind that “every trial is a voyage of discovery in which truth is the quest”. In order to bring on record the relevant fact, he has to play an active role; no doubt within the bounds of the statutorily defined procedural law.

Para 40: Lord Denning further observed in the said case of Jones (supra) that “It’s all very well to paint justice blind, but she does better without a bandage round her eyes. She should be blind indeed to favour or prejudice, but clear to see which way lies the truth”.

Para 43: “Satyameva Jayate” (Literally: “Truth Stands Invincible”) is a mantra from the ancient scripture Mundaka Upanishad. Upon independence of India, it was adopted as the national motto of India. It is inscribed in Devanagari script at the base of the National Emblem. The meaning of full mantra is as follows:

“Truth alone triumphs; not falsehood. Through truth the divine path is spread out by which the sages whose desires have been completely fulfilled, reach where that supreme treasure of Truth resides.”





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