India cannot have two legal systems, one for the rich and another for poor: Supreme Court

India cannot have two parallel legal systems, one for the rich and those who wield political power and influence and the other for the small men without resources and capabilities to obtain justice, the Supreme Court said on Thursday (Somesh Chaurasia v. State of Madhya Pradesh)..A Bench of Justices DY Chandrachud and Hrishikesh Roy made these pertinent observations while setting aside a Madhya Pradesh High Court order which had refused to revoke the bail granted to murder accused Govind Singh, who is the husband of Madhya Pradesh BSP MLA Rambai Singh. "India cannot have two parallel legal systems, one for the rich and the resourceful and those who wield political power and influence and the other for the small men without resources and capabilities to obtain justice or fight injustice," the Court said.The judgment was delivered on an appeal filed by Somesh Chaurasia, son of Devendra Chaurasia, the congress leaded who was allegedly killed by the accused. .[Murder of Congress leader] Supreme Court slams Madhya Pradesh govt, Police for attempts to shield accused by pressurising trial judge.The Court was prompted to make these observations after the trial judge alleged that he was being subject to political pressure. .The top court noting that the Additional Sessions Judge's apprehension in the case that he was being subjected to political pressure showed that "the existence of a dual legal system will only chip away the legitimacy of the law.""The duty also falls on the State machinery to be committed to the rule of law and demonstrate its ability and willingness to follow the rules it itself makes, for its actions to not transgress into the domain of “governmental lawlessness,” the judgment said..The top court said that the apprehensions expressed by the trial judge should be duly enquired into by the High Court of Madhya Pradesh on its administrative side so that if they are found to be true, necessary action should be taken in order to secure the fair administration of justice.."The Chief Justice of the High Court of Madhya Pradesh is requested to cause an enquiry to be made on the administrative side so that an appropriate decision in that regard is taken," the Court said..The enquiry should be concluded expeditiously and preferably within a period of one month from the date of the receipt of copy of this judgment, the Court added.Supreme Court had during the course of hearing had condemned Madhya Pradesh DGP’s behavior on its failure to arrest BSP MLA’s husband accused of murdering Congress leader Devendra Chaurasia..The Madhya Pradesh High Court had, in July, 2019, while declining the application for cancellation of bail, observed that,“As per statement made at the bar by Shri Ajay Gupta, Additional Advocate General for the State that the State Government is further investigating the issue on an application filed on behalf of appellant Govind Singh among other things stating that he has been falsely implicated. We, therefore, direct that the investigation may be completed as far as possible within three months but not later than 90 days. On completion of the investigation, if the appellant is found involved in the commission of the crime, he is immediately taken into custody, and the procedure as prescribed be followed. It is also observed that neither appellant Govind Singh shall threaten nor influence the witnesses and the complainant side.”.Thereafter, the Supreme Court issued notice in the appeal on November 18, 2020. The top court had taken serious note of how the Additional Sessions Judge, in charge of the criminal case, was harassed by the law enforcement machinery.“We have no reason to disbelieve a judicial officer who has made an impassioned plea that he was being pressurized as a result of his orders under Section 319 of the CrPC," the bench had earlier observed in it's order..[Read Judgment]