SC: "Individuals and Society have vital interest in orders passed by the courts"

Recently the Hon Apex Court has again put huge emphasis on the principles of fundamental Rights of Liberty and Rules of Anticipatory Bail, while adjudicating in a CRIMINAL APPEAL NO. 750 OF 2012 of Rashmi Rekha Thatoi and others against State of Orissa. It is noted therein this recent judgment that The Constitution Bench proceeded to state the essential concept of exercise of jurisdiction under Section 438 of the Code on following terms:- “Exercise of jurisdiction under Section 438 of Code of Criminal Procedure is extremely important judicial function of a judge and must be entrusted to judicial officers with some experience and good track record. Both individual and society have vital interest in orders passed by the courts in anticipatory bail applications.”

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