What a pity! Even Supreme Court doesn't get police aid

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Representational Image   


Indeed, one wished that the occasion to write a piece of sad commentary on the state of affairs in the ace police establishments, namely, The Central Bureau of Investigation (CBI) and the Intelligence Bureau (IB) would not have arisen.

Indeed, one wished that the occasion to write a piece of sad commentary on the state of affairs in the ace police establishments, namely, The Central Bureau of Investigation (CBI) and the Intelligence Bureau (IB) would not have arisen. August 6 would go into the annals of police history as yet another black day, only after the day when the apex court had termed the CBI as "a parrot in the cage", which was of course subsequently withdrawn following the semblance of good work put up by the CBI.

Of late, the incidents of threats, abuses, assaults and character assassination on the judges right from the lowest level of judiciary to the High Courts and the Supreme Court have alarmingly increased. The judiciary though has anomalous power to control the working of all other branches of democracy, alas! it has to depend on the Executive arm for the implementation of its orders. And it is a fact that quite often the judicial orders are flouted by the powers be in the Executive which controls the Public Administration, including the police.

This is a very serious matter considering the fact that the country with a population of over 135 million looks at the judiciary as the last resort to get justice. With the open defiance by the police establishments of the fiats issued by various courts and crass in action to protect the honour, life and property of the judges, legal fraternity and all other stakeholders in judiciary.

This situation would also lead to a chain follow-up behaviour by other police establishments under the Central government as well as State governments. As it is, the high-headed bureaucracy in the country has taken the undue advantage of statutory powers bestowed upon it by the legislatures. While some committed and sincere citizens have shown guts to file the contempt cases against such haywire bureaucrats in order to bring them senses, a lot many preferred to suffer silently.

For such a situation, judiciary has to blame itself to a certain extent because quite often it shows 'large heartedness' to contemnors and let them go scot- free by reprimanding them 'on paper' if they apologise on paper. Further, the Contempt of Court Act, 1971 is also very soft which provides six-month imprisonment and/or a maximum fine of Rs 2,000. A classic case of senior advocate Prashant Bhushan has not yet faded away from the public's memory. For record, it should be stated that the Supreme Court had unduly shown generosity on the committed hard nut contemnor who never expressed 'regret', leave alone 'apology' to the Supreme Court for his contemptuous remarks.

Let the apex court and Parliament read the writings on the wall before it's too late. If they failed, they will be failing the nation and the Cheer haran of modern Draupadi would go on unabatedly.

SC revisits its judgment on injunction

The apex court is likely to have a second thought on its earlier judgment on order XXXIX rules 1 and 2 delivered in UC Surendranath vs Mambally's Bakery. A bench comprising RF Nariman and BR Gavai made this observation in course of hearing of Amazon-Future Retail case. The court doubted the correctness of its earlier judgment that held that temporary injunction could be given not merely for the disobedience by party, but such disobedience should be wilful.

Owner-developer disputes no ground for withholding registration: TS HC

The Telangana High Court on August 6 took the Housing board to task which was dragging the buyers of flats into the endless arbitration on the disputes between the Board and the developer, and ordered it to register the flats who had paid fully within two weeks.

Elaborating, the bench of Chief Justice Hima Kohli and Justice A Abhishek Reddy said, "The flat buyers have got nothing to do with the bilateral disputes between you (the Housing Board) and the developers."

Gujarat HC poses soul-searching query to Gau Rakshaks

In a hard-hitting observation on the care of cows, Justice Paresh Upadhyay of Gujarat High Court asked the petitioner, the District Magistrate of Gir- Somnath district as to whether the care which is claimed have been taken on behalf of State for Gau Vansh, similar care is being taken for citizens in the area under his jurisdiction.

The bench was hearing a plea filed in Aspak Haneef Bhai Panja (Patni) through Anees Haneef Bhai Panja (Patni) vs State of Gujarat, challenging the detention order passed by the DM under the Gujarat Prevention of Anti-Social Activities Act, 1985 as he alleged that the cattle was tied up in such a way that they could not drink water. The case against the petitioner was that he was booked for not taking proper care of cow progeny, and later PASA was invoked against him. The court suspended the execution of the impugned detention order until further orders.

The High Court's observations expressing its concern for the citizens are no doubt laudable, however, it ought to have gone behind the spirit of PASA, which expressly provides for the human treatment to the animals also.

World Bank honour for BAI

The Bar Association of India (BAI) has been admitted in the Legal Vice- Presidency of the World Bank. In this capacity, the BAI will be required to complete the extensive due diligence process for various bank-funded projects with a view to strengthen Rule of Law. Other organisations enjoying this coveted status are ABA, IBA, UIA and Law Society of England and Wales.

TS lawyers to agitate for SC bench

Following the reported news that the southern bench of the Supreme Court is likely to be established in Chennai, the lawyers of both Telugu states are up in arms. The president of South India Advocate's Joint Action Committee S Nagendar has been relentlessly trying to unite all lawyers in Telangana and Andhra Pradesh, including the Bar councils of both States to unite and build-up an agitation, if necessary, for getting the Supreme Court Bench at Hyderabad.

Nagendar said setting up the SC Bench in Hyderabad would not only provide comfort to the litigant public because of the geographical advantage of the city, but also fulfils the dreams and aspirations of Telugu people for such a privilege. He appealed to the public representatives and Chief Ministers of both the States to put their weights behind this proposal.

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