Y. JOHN NICHOLSON Vs. O. HOMERLAL

JUDGEMENT

(1.) LIBERTY , the natural and inalienable right of every human being is the most precious one, which is universally recognised. Liberty may be that of the complainant or the accused, but it is for the Criminal Court to ensure that the liberty is not put into jeopardy.

(2.) THE Court must ensure that the criminal prosecution is not used as an instrument of harassment or for wrecking private vengeance, or with an ulterior motive to cause threat.

(3.) TIME and again, it has been held that it is the duty and obligation of the Criminal Court to exercise a great deal of caution in issuing the process.