Lesson Series 51: Case study of judicial activism: The Supreme Court of India’s Best Bakery judgment, 2004

THE ISSUE

Innumerable cases of delayed trials or courts acquitting human rights abusers can be found around Asia. A common reason for this is faulty investigation. When the investigation mechanism fails, the role of other justice institutions is also endangered. At such times, it is necessary for these institutions to take up their roles more actively.

Courts should therefore question the poor investigation and prosecution that come before them, rather than simply accepting their flaws. This is necessary in ensuring the administration of justice, as well as maintaining their own integrity.

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