Sunday, June 23, 2013

Gujarat High Court Observed: "Duty to do justice by deciding whether parties are entitled to Justice"

Recently while disposing with a Special Civil Application No.8465/13 in respect of a public Charitable Trust Hospital of Bhavnager,the Hon'ble Gujarat High Court has recalled the duty of the appellate court and strongly observed that " the Appellate Court is expected to discuss the merits of the matter, more particularly, when the entire documentary evidence has been forthcoming on the record and all the advocates for both the parties have been heard at length on facts as well as law." Again It is further ruled by the Hon'ble High Court that" Recourse to justice is recourse to a civilized means. As soon as the court is approached with a dispute or question, its very first duty is to do justice for justice by deciding whether the party or parties are entitled to justice in the context of whole relevant four corners of law. Thus, justice initially needs to be done and accordingly the court may continue or discontinue the proceedings. A situation may be, in great need of justice, but that itself is not enough to activate the judicial process, keeping the merits of the case aside". Gujarat High Court further added that "In the legal system, the courts are created and entrusted with functions and responsibilities to administer justice and for that, are vested with necessary power and authority. The Court is a Court having its own "judicial discipline� and striking the "judicial balance�, it must perform its essential function."

Sunday, June 9, 2013

Secularism :: Who will bell the cat and when discrimination will be eradicated ??

Today, I have read a wonderful Blog of Col. Gurnam Singh on it was a great thought through his true facts narrating Blog... Mr. Gurnam Singh Said in his Blog that "Secularism actually means an attitude unconnected with any religion. But if asked its meaning to any Indian, he/she would invariably say that secularism means ‘religious tolerance’. I ask simple question why is it that this term which is enshrined in our constitution should have a popular misconception about its meaning. It’s the duty of every Indian to promote secularism to strengthen our nation and to reach new dimensions in terms of prosperity and pleasure. But in the Indian Army it is absolute secularism with equal respect to all religions, in spite of the fact that infantry, the major component of the Army, comprises of regiments based on caste, creed, culture or race like the Sikh, Maratha, Dogra, Jat, Gorkha, Mahar, Rajput and so on. This may be because the Indian army and most of its procedures and practices have been an inheritance of the British Indian army" I strictly agreed with this true facts, because there are still many more such discrimination existing existing in our society, while getting admission in educational institutes, while getting jobs in public institutes or government sectors, while fetching government benefits from nodal agencies so as it is in our Indian infantry regiments based on caste, creed, culture or race like the Sikh, Maratha, Dogra, Jat, Gorkha, Mahar, Rajput as described by Col. Gurnam Singh... and this is all due to the constitutionally legalized discrimination and reservation, which our politicians of all parties awfully fear to eradicate the same from every levels, even though they and we have accepted Secularism everywhere from our preamble to every political personalities.. and it is ethically accepted without any doubts that It’s a duty of every Indian to promote secularism to strengthen our nation.. It is now a time that one has to bell the cat and eradicate such the fractional discrimination from everywhere and to reach new dimensions in terms of peace, prosperity and pleasure

Gujarat High Court :"Who will police the police ?" a question posed by our Apex Court still remains unanswered

Recently Home Ministry told all the states and Union Territories to clearly instruct all police stations that failure to register FIR on receipt of information about any cognizable offence would invite prosecution of the duty police officer under the provisions of Inian Penal Code Section 166-A for the offence by a public servant disobeying law and that would invite imprisonment up to one year.. This is not a NEW enactment of Laws, but a belated positive and strict implementation of the old provisions of IPC, after finding our police persons dithering in registering complaints on receipt of information about any cognizable offence, under various pretexts. Recently the Hon'ble Gujarat High Court has also seriously remarked over an unanswered question posed before our Hon'ble Apex Court during a significant adjudication that"Who will police the Police ??" By the aforesaid recent direction of Union Home Ministry to all our States and Union Territories, it is now publicly aware to the common people about their rights to get registered their complaints, but still there are several unanswered questions still posed in regular day to day practice in enforcing their rights...

Saturday, June 8, 2013

SC rejected Plea of Justification of Fake Encounters in lieu of Killings of Policemen

While adjudicating WRIT PETITION (CRIMINAL) NO.129 OF 2012 in respect of stage-managed encounters or‘extra-judicial executions of a large number of India people by the Manipur Police and other Security Forces, while they were in custody, the Hon'ble Supreme Court of India has recently remarked with an observation that, "the life of a policeman or a member of the security forces is no less precious and valuable than any other person. The lives lost in the fight against terrorism and insurgency are indeed the most grievous loss. But to the State it is not open to cite the numbers of policemen and security forces killed to justify custodial death, fake encounter or what this Court had called “Administrative liquidation”. It is simply not permitted by the Constitution. And in a situation where the Court finds a person’s rights, specially the right to life under assault by the State or the agencies of the State, it must step in and stand with the individual and prohibit the State or its agencies from violating the rights guaranteed under the Constitution. That is the role of this Court and it would perform it under all circumstances." It is also worth to be noted at this juncture that the Hon'ble Apex Court has also rejected the plea for consolidation of hearing of this case along with other two cases including an appeal against the judgment of the Bombay High Court and a writ petition, filed by the State of Gujarat on the subject of fake encounters, with a harsh remarks that " We fail to see any relevance of the two cases referred to in the counter affidavit and, in our view, the plea that these two writ petitions should only be heard along with those two cases is meant to detract from consideration the grave issues raised in the writ petition'

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