Justice J.B. Pardiwala, Justice R. Mahadevan, Supreme Court
Howsoever Big Or Small The Accused May Be, He Or She Is Not Above Law: Justice Pardiwala Lauds Justice Mahadevan’s Judgment
|Justice Pardiwala said, "All that I can say in one sentence is that the judgment penned by my esteemed brother is ineffable."
Justice J.B. Pardiwala while lauding the Judgment passed by Justice R. Mahadevan in a case, remarked that whoever the accused may be, howsoever big or small the accused may be, he or she is not above the law.
The Supreme Court was deciding Criminal Appeals preferred by the State, challenging the Common Order of the Karnataka High Court by which the accused persons were enlarged on bail.
Justice Pardiwala observed, “My esteemed brother Justice R. Mahadevan has just pronounced a very erudite judgment. All that I can say in one sentence is that the judgment penned by my esteemed brother is ineffable. The judgment conveys a very strong message that whoever the accused may be, howsoever big or small the accused may be, he or she is not above the law. This judgment contains a very strong message that the justice delivery system at any level should ensure at any cost that the Rule of Law is maintained.”
Senior Advocate Sidharth Luthra represented the Appellant/State while Senior Advocates Siddharth Dave, Gaurav Agarwal, and K. Diwakar represented the Respondents/Accused.
In the Judgment, Justice Mahadevan emphasised that in a democracy governed by the rule of law, no individual is exempt from legal accountability by virtue of status or social capital.
“Article 14 of the Constitution guarantees equality before the law and prohibits arbitrariness. It mandates that all persons – regardless of their popularity, power, or privilege – are equally subject to the law”, he said.
Justice Pardiwala in a separate Order noted that no man is above the law and no man is below it; nor de we ask any man’s permission when we ask him to obey it.
“Obedience to the law is demanded as a right; not asked a favor. The need of the hour is to maintain the rule of law at all times. … The day we come to know that the accused persons are provided with some special or five-star treatment within the jail premises, the first step in the process will be to place the jail superintendent under suspension including all other officials involved in such misconduct”, he concluded.
He, therefore, directed the Registry to circulate one copy each of the Judgment to all the High Courts and all the Jail Superintendents across the country through their respective State Governments.
Accordingly, the Apex Court allowed the Appeals, set aside the High Court’s Order, and cancelled the bail granted to the accused persons.
Cause Title- State of Karnataka v. Sri Darshan Etc. (Neutral Citation: 2025 INSC 979)