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, even though the circumstances may suggest that the theft and the murder may have been committed simultaneously, it is risky to assume that the person in possession of the stolen item was also responsible for the murder when there is just recovered stolen property as evidence against the accused. Additionally, it relies on the type of recovered property to determine whether it was likely to transfer easily from one person to another. Proof should be replaced with suspicion.