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Showing contexts for: L.K..ADVANI in Gyanchand Verma vs Sudhakar B. Pujari on 24 January, 2011Matching Fragments
It is also not necessary that all the details of the offence must be stated. The details of the offence are required to be proved to bring home the guilt to the accused at a later stage i.e. in the course of the trial of the case adducing acceptable evidence"
It appears that by majority of opinion, the appeal was dismissed and the trial court was directed to proceed further in the case. Thus, both these citations of 'Rajani Vishram' and 'Veeraswami' are not of any assistance to the Petitioner herein as the judicial consensus seems the same to leave the matter to the judicial discretion of the trial court seised of the same. The sweep of Article 21 of the Constitution has got developed vastly as it was understood 68 wp314309 from early 50s and 60s and as on date, it has changed to the extent that the rights guaranteed under Article 21 are not restricted only to life and liberty but also to other facets of law. In this connection, he has placed strong reliance in the judgment reported in (2003) 8 SCC 361 in the case of State of Bihar v. Lal Krishna Advani & Others ('L.K. Advani's case) wherein it has been held that right to reputation is a facet of right to life and is enshrined in Article 21 of the Constitution and if that right to reputation is intruded without providing an opportunity, certainly, the protection under Article 21 will come to the rescue and therefore, it is a classic example for observation of principles of natural justice also; The Public figure in such case needs an opportunity from the investigator, a courtesy to send letter, notice or order may be served on the Public figure if he is suspected and explanation may be called for from him, otherwise he may be deprived of his right to reputation irretrievably, if arrested without reason. In other words, no citizen can be condemned without any reason, whatsoever, and so as to affect his reputation, which is so dear to every person. The investigators therefore owe a duty of care to the accused or suspect not to indict/chargesheet him, in the absence of reasonable or probable cause without any material collected against him during the investigation.