Supreme Court of India · 2015-09-10
AG vs SHIV KUMAR YADAV
- Citation / case number
- SC 2015/7378
- Court
- Supreme Court of India
- Petitioner
- AG
- Respondent
- SHIV KUMAR YADAV
- Author
- ADARSH KUMAR GOEL
- Bench
- ADARSH KUMAR GOEL JAGDISH SINGH KHEHAR
Judgment text excerpt
The Supreme Court addressed the issue of recalling witnesses after the statement of the accused under Section 313 of the Cr.P.C. was recorded. The Court held that the High Court's decision to allow the recall of witnesses was erroneous, emphasizing that the power to recall witnesses must be exercised judiciously and not merely for the sake of ensuring a fair trial. The Court ultimately set aside the High Court's order, reinforcing the principle that the right to a fair trial must be balanced with the integrity of the judicial process as outlined under Article 21 of the Constitution.