Supreme Court Judge Mr. Justice R.V. Raveendran today said that real power of judiciary is the faith of a common man in the system but inconsistency in the judgements on the same and identical facts have compelled a common man to think before approaching the Court why he should become victim such  anomalies. People talk about filing a Special Leave Petition (SLP) on Monday and Friday before apex Court as a biggest gamble. People are afraid of Courts for various anomalies in laws.

This real and straight assessment of the situation was put up by Justice Raveendran while delivering 10th Justice J.K. Mathur memorial lecture here today at Ram Manohar Lohiya Law University on anomalies in law. He said that broadly speaking these anomalies can be categorised in three groups. Anomalies arising out of defective drafting of various laws, anomalies due to judicial pronouncements and failure  of Legislative machinery to revise defective statues according to the needs of changing time and society. Enlarging the scope of the subject He said people are afraid of courts because of delay, cost, and difficulties in execution; doesn’t have choice due to uncertainty of courts. If situation like this continue no person will come for adjudication of civil disputes. That is why civil litigations in U.P. Bihar and M.P. have gone down to 20 percent as compare to 52 percent earlier.

He lamented that today judges personal philosophy actually dominate their judgements.  We hear that he is anti government judge or he is pro government judge or he is a liberal relief granting judge or he is traditional one. He mentioned about a Supreme Court judge who never gave any judgement in favour of Employer or Landlord. Common man cannot digest why he loses the case on same facts. Why a litigant be sufferer and does not get equality.  Every judge is unequal thus, it the judge himself is an anomaly. He advised judges to follow middle path.

Justice Raveendran pointed out that in our IPC the penalty for committing offence of adulteration is six months imprisonment and fine of Rs.1000.00. That is why adulteration is happy industry in India.  The amount of fine was determined one hundred fifty years ago in the year 1860 when IPC was enacted. The pity amount is nothing as compare to gravity of crime.  Now Rs 1000 today value at about Rs. 10,00000.   Citing the facts of JMM Case as decided by Supreme Court he commented the law laid down by apex Court wherein taking bribe by the legislators was held to be immunity under Article 105(2) of the Constitution of India by a majority decision. He stressed that such judicial interpretations need to relook because taking bribe is not immunity. He said that wrong interpretation leads to injustice.

Chief Justice Allahabad High Court Justice F.I. Rebello said that Constitution develops according to changing needs of the society. Highlighting the realities of the society he said that law in books is different than law in action. Citing examples of Khap Panchyat and child marriage Justice Rebello stressed the need to transform society.

Earlier Senior Judge of Lucknow Bench Justice Pradeep Kant placed background of the subject. He said that our laws debar a voter to caste his franchise if he is in prison but allow a person in prison to contest elections from jail. He placed similar example that there is provision of nominations of eminent personalities to State Legislative Council from literature, science, art, co-operative movement and social services in Article 171(e) of the Constitution but lack of guidelines create anomalous situation and party in power exploits to ensure their majority in House by nominating its workers.  Justice Kant also highlighted the conflict between issues relating to public health under Directive Principles vis-à-vis tax requirement of government from liquor and tobacco. Vice Chancellor of University Mr Balraj Chauhan also spoke on the occasion.

Mr Alok Mathur Hony. Secretary of J.K. Mathur Memorial Trust welcomed the Chief Guest Justice Raveendran, Chief Justice Rebello and distinguished gathering. Mr Aditya Narain gave vote of thanks.

सुरेन्द्र अग्निहोत्री
मो0 9415508695
upnewslive.com