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“Article 32 of the Indian Constitution is deemed to be “heart and soul” of the Constitution as it empowers any citizen to directly approach the Supreme Court for the enforcement of fundamental rights.”
“Custodial interrogation of the accused/applicant is necessary in order to unearth if more children in similar fashion have been trafficked by the accused/applicant for being used in commission of crimes.”
“The proper course is to proceed with the appeal on merits, ensuring representation, while securing presence only in accordance with law upon dismissal or as otherwise required.”
The Court explained that when weighing an application on parity, it is ‘position’ of the accused in crime, i.e., his role, that is the clincher.