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(14) Access to justice and the consequential right to a fair trial, though part of the fundamental human rights, guaranteed by the Constitution, and incorporated in the statute regulating the procedure for the conduct of a trial, and sought to be reinforced by high sounding principles of fair play is, however, by no means easy and does not necessarily have a smooth or straight course. The course of justice and fair trial are beset with numerous impediments which tend to sully the course of justice and put obstructions in the path of a fair trial. These impediments stem both from internal and external sources. There are internal obstacles which flow from the surroudings, the infrastructure, as also the laws, rules, procedure, the practice and the conventions, all of which collectively form part of the justice system. The defective laws, dilatory procedures, improper & illegal practices, corruption of the court system, the incompetence or lack of probity of the judicial and other court personnel, the bias, the prejudice that they may nurture, the ill-will or affection, for one side or the other, that they may nurse, the hostility against or the tilt for one or the other of the parties, based on improper motivations, whether of political affiliation, religious, communal, regional, caste or other affinities, tend to subvert the system. The internal factors take myriad forms, which vary from "class, caste and cousin" psychosis to transfer of Judges, officials, cases, changes of roster, and tempering with the system of listing, for ulterior objects, unconnected with the exigencies of administration of justice. Sometimes, the caste or class composition of Judges determines for the litigants the section of the bar which would be) best suited to be entrusted with the brief before such Judges. Courts, presided over by certain Judges come, in course of time, to acquire an association with certain tilts, preferences and prejudices, having regard to the background and known attitudes of Judges to man and matters In their anxiety to serve the interest of the clients by means, fair or foul, unscrupulous members of the Bar adopt ingenious method to make sure that their cases are listed before Judges of their choice. All these are capable of lending a vitiating clement to the proceedings, which are sought to be manipulated by these devices and factors. There are then external factors, which tend to disturb the course of justice. There are compulsions flowing from those in authority or centres of power, pressures from influential quarters, mild friendly suggestion based either on veiled threats of reprisal or tacit promise of a reward. Some of these incentives, compulsions, and pressures are obvious, while there are others, which are more sophisticated and almost indiscernible sometimes too subtle to be perceived, much less detected. The institution of an independent Judiciary is no doubt a great bull work against both internal and external pressure and, therefore, a built-in safeguard that justice would be administered without "fear or favor ill-will or affection". Unfortunately, however, there has been a growing realisation in practically all democratic systems, governed by, the rule of law, that the independence of the Judiciary may perhaps be a myth rather than a reality There are, it is said, independent and fearless Judges but there has been no dearth of Judges who are neither independent nor fearless. There may be those who are still afraid of the "stick" and lured by the "carrot" It is nevertheless a beautiful myth because it sustains the democratic system and maintains faith of the people in the institution, which if shaken may induce the people to take to the streets for justice. The image of the judiciary has no doubt suffered but that is true of all institutions. It is good to remember that all institutions are value based and have a purpose and usefulness. No institution is bad. But whatever you do, you are bound to get bouquets as well as brick-bats. Ours is an age of batted images. The image of the government is sullied by the dirty politicians hungering for power to enrich himself at the cost of the public. The image of business is sullied by the unscrupulous businessman. The image of the bureaucracy is sullied by the corrupt among its ranks. Even the image of the Judiciary has not been spared and is sullied by Judges whose ambition over strips, either their principles or their talent. In the ultimate analysis. the black sheep in all these institutions also have a role to play, in that, their misdeeds provide the occasion for a reappraisal and the reason for the cleaning for the augean stables. This may perhaps be taking too charitable view of it but that is what it is (15) What then is the position of a public prosecutor in the criminal court system and how far can his association with one or the other of the parties be capable of lending vitiating element to the trial. The public prosecutor is a functionary of the State appointed to assist the court in the conduct of a trial, the object of which is basically to find the truth and to punish the accused if he is found guilty according to the known norms of law and procedure. It is no part of his obligation to secure conviction of an accused, in any event, or at all costs. Nor is he intended to play a partial role or become party to the persecution of the accused or lend support, directly or indirectly, to a denial of justice or of fair trial to the accused. His plain task is to represent the State's point of view on the basis of the material which could be legitimately brought before the Court at the trial. If all State actions must be just, fair and reasonable, he would be under no less duty as a functionary of the State to discharge his functions as a public prosecutor in an equally just, fair and reasonable manner irrespective of the outcome of ther trial. In that sense, he is part of the judicature system, and an upright public prosecutor has no friends and foes in Court. He has no prejudices, pre-conceived notions, bias hostility or his own axe to grind. He represents public interest, but is not a partisan in the narrow sense of the term.