'Bulldozer justice': Allahabad HC strikes down selective-observation plea and calls the SC split verdict on rape case problematic
Allahabad High Court rejects selective reliance on a split Supreme Court verdict in a rape-related matter
- The Allahabad High Court rejected a plea that relied on a split Supreme Court verdict in a rape-related matter and said the plea involved selective observation.
- The Allahabad High Court criticised the lower-court approach in the matter as excessive.
The Allahabad High Court rejected a plea that tried to rely on a split Supreme Court verdict in a rape-related matter. The High Court said the plea involved selective observation and held that a highly fragmented earlier ruling should not be treated as a useful legal precedent.
The High Court also criticised the lower-court approach in the case as excessive. The order places emphasis on disciplined use of precedent, especially when an earlier Supreme Court decision does not carry a clear majority view.
Why the issue matters for UPSC
UPSC may frame the issue around how courts treat fragmented judgments, why judicial precedent matters, and how constitutional courts ensure consistency in criminal justice reasoning without allowing selective citation of a divided verdict.
