The compelling public interest in testimonial compulsion: A critique of the decision of the Supreme Court of India in Ritesh Sinha v. State of Uttar Pradesh

Chaudhary, Shraddha (2020) The compelling public interest in testimonial compulsion: A critique of the decision of the Supreme Court of India in Ritesh Sinha v. State of Uttar Pradesh. Oxford University Commonwealth Law Journal, 20 (2). pp. 342-351. ISSN 14729342

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Abstract

The decision of a three-judge bench of the Supreme Court of India in Ritesh Sinha v State of Uttar Pradesh (2019) 8 SCC 1 judicially created the power of a magistrate to compel an accused person to submit voice samples for verification during a criminal investigation. The judgment is internally inconsistent in the sense that it abides by precedent where convenient, and disregards it where not. The Court's reliance on Article 142 of the Constitution of India (the power of the Supreme Court to do complete justice) to judicially legislate a compulsive power is also inappropriate and unconstitutional. In its haste to arm the State with another tool of investigation, the Court elevates the ordinary needs of criminal investigation to the standard of ‘compelling public interest’, without providing any apparent justification, and more importantly, without considering that such an exercise is appropriately the domain of the legislature.

Item Type: Article
Keywords: Testimonial Compulsion | Self-incrimination | Privacy | Due Process | Judicial Legislation
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 29 Dec 2021 05:56
Last Modified: 29 Dec 2021 05:56
Official URL: https://doi.org/10.1080/14729342.2020.1824886
URI: https://pure.jgu.edu.in/id/eprint/443

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