Supreme Court of India,
New Delhi-110 201 (India)
Subject: Law in Theory and Practice: Both Way Discretionary in India? Why? By: Balbir Singh Sooch*
The way Learned Judges has to say honestly interpreting Law within the constitution of India, the conclusion from the conclusions of their Judgments, can safely be drawn and inferred that the Law in theory and practice, both way is discretionary in India.
Then, where does the confusion prevail in interpreting Laws, enacted within the constitution of India or in interpreting the constitution of India? Why?
The implementation of law and the Judgments of the courts including the Judgments of Apex court of India is further complimented matter to easily answer in the present system, if someone experienced and understands about the ground realities fully in India, know it very well!
When Learned Judges, while delivering and concluding their Judgments feel always to mention or language to that effect that ‘we are called upon to decide on an evolving jurisprudence, which India has to its credit-praise, recognition, acclaim, glory, tribute, good name, repute, standing, status, esteem, prestige, honor, character, belief, acceptance and trust minus from blame and disbelief for being at the forefront-front position of the global-worldwide legal arena-field’.
Though each world demands further interpretation like word, ‘character’ can be used in relation to different expressions-language, words, terms and so on as word ‘credit’ used. Similar-related are the positions of law and the constitution of India.
After this brief background, it will be more proper to come the subject, ‘Law in Theory and Practice: Both Way Discretionary in India?’ Why?
Main, hard and bold question arises in the context to the present system of India, whether the governments, police, civil servants: States machinery supposed to maintain law and order independently and or in connivance with each other or with help of so named criminals operating law internally, silently and factually in connivance with the governments, police, civil servants: States machinery in India?
From this, main, hard and bold question, further many more sub-questions arise, are known to or supposed to be in the knowledge of the governments, police, civil servants: States machinery especially in knowledge of judiciary of India also.
The Learned Judges of the courts including the Apex court of India do always try to give hint and to point out drawbacks to the governments, police, civil servants: States machinery in the system in India, though cautiously, but not boldly, seems subject to with the idea of escapism-pastime, diversion, getting away from, dodging, leisure activity, avoidance and distraction-anxiety.
For example, take up the cases of commuting sentences of victims of adverse circumstances and the mercy in cases of the death sentence in India.
“The Apex court of India, while deciding number of mercy petitions recently held without going into detail of the Judgment that ‘Mercy jurisprudence is a part of evolving standard of decency, which is the hallmark of the society; Certainly, a series of Constitution Benches of this Court have upheld the Constitutional validity of the death sentence in India over the span of decades but these judgments in no way take away the duty to follow the due procedure established by law in the execution of sentence.
Like, when the death sentence is passed lawfully, the execution of the sentence must also be in consonance with the Constitutional mandate, go-ahead, reign and order, and not in violation of the constitutional principles’ committing delay at Will, motivation, motive and for some purpose and incentive -revengefully.
The execution of the sentence must also be in consonance with the Constitutional mandate; go-ahead, order, command, reign and not in violation of the constitutional principles” as explained above.
In the Judgment, in a very decent manner, the Hon’ble Apex court of India tried to realize the elected representatives (tyrants- Actively taking as active part in State Terrorism) involved in violation of the constitutional principles, and seems clearly said to be including all law-makers, the executive along with complete States machinery and such guilty in India and outside.
When, the Hon’ble Apex court of India directs and mentions, ‘Mercy jurisprudence is a part of evolving standard of decency, which is the hallmark of the society’, what does it mean for the elected representatives (tyrants)?
To my mind, the Hon’ble Apex court of India does it mean that the elected representatives (tyrants) involved in violation of the constitutional principles are, ruling, acting and working in violation of politeness, decorum, civility, morality, modesty, respectability, uprightness, integrity and honesty, but following incivility as a whole throughout in India and outside.
What else can be said to the elected representatives (tyrants as stated above), though exceptions cannot be ruled out therein also, who matter by the Hon’ble Apex court of India?
“The Hon’ble Apex court of India did not wish to stop, further here only to educate the elected representatives (tyrants as stated above) and reminded them for refreshing their memory that ‘It is well established that exercising of power under Article 72/161 by the President or the Governor is a constitutional obligation and not a mere prerogative.
Considering the high status of office, the Constitutional framers did not stipulate any outer time limit for disposing the mercy petitions under the said Articles, which means it should be decided within reasonable time. (Considering the high status of office, the Constitutional framers did not stipulate any outer time limit for disposing the mercy petitions under the said Articles, the Hon’ble Apex court of India meant to say that you the elected representatives (tyrants as stated above) undermined the high status of office contrary to the presumption of the Constitutional framers.)
However, when the delay caused in disposing the mercy petitions is seen to be unreasonable, unexplained and exorbitant, it is the duty of this Court to step in and consider this aspect. Right to seek for mercy under Article 72/161 of the Constitution is a constitutional right and not at the discretion or whims of the executive.
“AN IMPORTANT SUBMISSION: It should not be considered out of the context, the submission of mine-author of this note before the Hon’ble Apex court of India, to ask detail of such all cases irrespective of the cases whether the mercy petitions filed or not?
Here not means may be for untold and unseen reasons like undue pressure and influence by way of tutoring by the hidden secret agencies in violation of the constitutional principles and also committing delay at Will, motivation, for some motive and for some purpose and incentive-revengefully etc
Because the monthly visits of District and Sessions, Judges to their respective District Jails to meet the victims among the convicts and under- trials, do not serve much purpose satisfactorily for number of reasons as the author of this note personally noticed and experienced as it shall not be proper to elaborate now as personally experienced in Jail.
Like, ‘The Truth finding Committee of Victims in Indian Jails’ comprising some upright personalities (not at all related directly or indirectly also with victims concerned) could be set up to ascertain the truth about the mind of victims.
It must be considered as an important submission in the interest of fair play and justice for safeguarding the victims of adverse circumstances from the present system prevailing in India,” SUBMISSION BY BALBIR SINGH SOOCH.”
“Every Constitutional duty must be fulfilled with due care and diligence; otherwise judicial interference is the command of the Constitution for upholding its values,” the Hon’ble Apex court of India specifically pointed out and tried to taught as what ought to be the pious functions and duties of ‘THE HIGH STATUS OF OFFICE UNDER THE CONSTITUTIONAL PRINCIPLES’ IN INDIA?
Remember, retribution-revenge, reprisal and vengeance has no Constitutional value in our largest democratic country. In India, even an accused has a de facto protection under the Constitution and it is the Court’s duty to shield and protect the same. Therefore, we make it clear that when the judiciary interferes in such matters, it does not really interfere with the power exercised under Article 72/161 but only to uphold the de facto protection provided by the Constitution to every convict including death convicts, the Hon’ble Apex court of India clarified”.
Here, ‘The Hon’ble Apex court of India’ did mean clearly that ‘THE HIGH STATUS OFFICE’ is not functioning ‘UNDER THE CONSTITUTIONAL PRINCIPLES’ IN INDIA. But proving all in vain due to the inaction of the elected representatives (tyrants) involved in violation of the constitutional principles by all means.
Clarified to whom! To ‘THE HIGH STATUS OF OFFICE UNDER THE CONSTITUTIONAL PRINCIPLES’ IN INDIA and to States machinery, who is holding and conducting the Elections in connivance with ‘The tyranny of the unelected tyrants and the tyranny of the elected tyrants faced by people in India’ and with their help by patronizing them so far as the Sikh Vichar Manch experienced and observed.
The author of this note, bow his head before the Hon’ble Judges of ‘THE SUPREME COURT OF INDIA, P. SATHASIVAM, CHIEF JUSTICE OF INDIA, RANJAN GOGOI, JUSTICE, SHIVA KIRTI SINGH, JUSTICE who decided ‘WRIT PETITION (CRIMINAL) NO. 55 OF 2013 at NEW DELHI; on JANUARY 21, 2014 and daringly pointed out the functions and duties of ‘THE HIGH STATUS OF OFFICE UNDER THE CONSTITUTIONAL PRINCIPLES’ AS HOW TO FUNCTION WITHOUT ANY DELAY AND WITHOUT VIOLATION OF THE CONSTITUTION OF INDIA.
As now, fifty seven (57) gangs of hardcore criminals are said to be in action, who spoiled such innocent, unemployed, poorly educated boys and converted them into such gangs to bring a bad name to Punjab and at whose instance and with whose shelter and knowledge, the gangs are operating to terrorize the people in Punjab? Why?
Obviously; Such gangs are hired and remain standby to commit any crime under the shadow of some bunch of Police, politically motivated presently by the selected leaders from the traditional parties as usual-to commit crimes on their behalf silently and now AKALI—BJP parties includes the present government of Punjab seem topper and leading in the matter and the menace is dangerously grave and going to be more serious and grave during the coming days due to the Assembly Elections of Punjab-2017 in order to prevent the Aam Aadmi Party (AAP) to come to power genuinely and democratically.
The parole jumpers are considered more dangerous as they were found guilty of a crime. Another category of fugitives is that of proclaimed offenders. They are the ones who have jumped bail or were never arrested are being said as reported.
About 20,000 in Punjab as reported, likely to be as a reserve force to be used before and during the Assembly Elections of Punjab-2017 by the traditional parties against the Aam Aadmi Party (AAP) to prevent it from coming to power for clean administration and welfare of people of Punjab genuinely and democratically.
Under the present prevailing circumstances and in view of the decision given in ‘WRIT PETITION (CRIMINAL) NUMBER 55 OF 2013 at NEW DELHI; on JANUARY 21, 2014 as concluded by the Apex court of India, can people of India expect for hope of ‘ MATURE DEMOCRACY TO FUNCTION AND ‘RULE OF LAW IN INDIA’ TO PREVAIL?
*An Advocate, at New District Courts, Ludhiana.