Alternative Remedies No Longer Bar Writs Writ Jurisdiction in the Indian Constitution has been borrowed from the concept of prerogative writs under English Law and was vested in the Chartered High Courts prior to commencement of Constitution. The framers of the Constitution adopted the concept of writs and funnelled such powers to fruitfully enforce the fundamental rights... Read More
The court observed that, section 366 of the CrPC casts a duty upon the High Court to, (a) “examine the nature and manner in which the offence was committed, mens reas, if any of the culprit, the plight of the victim as noted by the trail court, the diabolic manner in which the offence was alleged to have been performed, the ill-effects it had on the victim as well as the society at large, the mindset of the culprit vis-à-vis the public interest, the conduct of the convict immediately after the commission of the offence and thereafter, the past history of the culprit, the magnitude of the crime and also the consequences it had on the dependants or the custodians of the victim.” “there should be very wide range of consideration to be made by the High Court dealing with reference in order to ensure that the ultimate outcome of the reference would instil confidence in the minds of the peace-loving citizens and also achieve the object as the deterrent for others from indulging in such crimes.”