Whether a third party can be permitted to challenge the correctness of the conviction and sentence imposed by a court after a regular trial came up for consideration before the Supreme Court in Simranjit Singh Mann Vs. Union of India and another, ). The Supreme Court held that neither under the provisions of the Code nor under any other statute is a third party stranger permitted to question the correctness of the conviction. In that connection the Supreme Court referred to the following observation in S.P. Gupta Vs. President of India and Others.
But we must be careful to see that the member of the public, who approaches the court in cases of this kind, is acting bona fide and not for personal gain or private profit or political motivation or other oblique consideration. The Court must not allow its process to be abused by politicians and others….
The Supreme Court has also referred to the following observations contained in paragraph 45 of the judgment in Janata Dal Vs. H.S. Chowdhary and Others.
Even if there are million questions of law to be deeply gone into and examined in a criminal case of this nature registered against specified accused persons, it is for them and them alone to raise all such questions and challenge the proceedings initiated against them at the appropriate time before the proper forum and not for third parties under the garb of public interest litigants.
