SC: “Right to sleep is a Fundamental Right. To disturb sleep is a violation of Human Right.”

it is evident that right of privacy and the right to sleep have always been treated to be a fundamental right like a right to breathe, to eat, to drink, to blink. An individual is entitled to sleep as comfortably and as freely as he breathes. Sleep is essential for a human being to maintain the delicate balance of health necessary for its very existence and survival. Sleep is, therefore, a fundamental and basic requirement without which the existence of life itself would be in peril. To disturb sleep, therefore, would amount to torture which is now accepted as a violation of human right. It would be similar to a third degree method which at times is sought to be justified as a necessary police action to extract the truth out of an accused involved in heinous and cold- blooded crimes. It is also a device adopted during warfare where prisoners of war and those involved in espionage are subjected to treatments depriving them of normal sleep.

Gujarat public trust act, 2011

Shall the implementation of the proposed act be stopped by the Gujarat government in the interest of the trust ?

Merry Christmas to all Friends and the People at large !!!!!

Wishing All of You Merry Christmas and a Happy New Year 2012 !!!!

KARTIKEY SHROFF Law Office www.kartikey.com .........and kdshroff.blogspot.com Lawyers Team

Bombay High Court questioned "Anna Hazare's Stir as interference with functioning of the Parliament ?"

"Wouldn't your stir interfere with the functioning of Parliament?" the two-judge division bench of Hon. Mr. justices PB Majmudar and Mr. Justice Mridula Bhatkar of Bombay High Court recently asked Team Anna in respect of his proposed stir in Mumbai.The Bombay High Court came down heavily on Anna Hazare and his team, who had sought permission to use the MMRDA grounds in Mumbai for his fast, saying that "the court cannot allow parallel canvassing when Parliament is seized with a debate on the Lokpal Bill. Public opinion can be created in the entire country, so why are they insisting on this place?" the judge asked. He also told Team Anna that they were expecting too much from the government.The judge also said people in Mumbai are very sensitive about noise pollution due to rallies. "What is Satyagraha to you may not be for others. There will be people who may not want your Satyagraha," the HC judge said.As per the media report of IBN Live India, Hazare has also made it clear that he will go to jail if he does not get a place to protest... " Can a person or the mass be allowed to coarse or pressurize our Government beyond the limits of laws in the name of satyagrah or in the nae of the Freedom of Expression, Movement and Demonstration as such ? " is now another question of laws and facts looking to the prevailing situation so developed

No Revenue Authority can ignore even a Kaccha Entry : Gujarat High Court

While adjudicating SPECIAL CIVIL APPLICATION No. 12060 of 2011 with SPECIAL CIVIL APPLICATION No. 12061 of 2011, the HON. MR.JUSTICE S.R.BRAHMBHATT has recently ruled and observed that " The question arises as to whether the District Collector was justified in ignoring the Kachha entry and issuing the notice only to the original vendor. The cancellation of that entry has direct nexus and adverse impact upon the holding in question. Therefore, when the rights of parties are infringed on account of any action, even if it is administrative action, the notice is required to be issued to the party concerned, who is likely to be affected. On this principle alone without opining upon the merits of the order of the Collector, the order is quashed and set aside. The Court reiterate at the cost of repetition that the Court has not opined about the merit of passing the order of cancelling the entry no. 68. However, the order is required to be quashed only on account of the fact that the present petitioners whose names are there in the form of Kachha entries were not heard and they were likely to be affected."