INDIRA NEHRU GANDHI Vs. RAJ NARAIN

JUDGEMENT

(1.) Right at the beginning, I must record appreciation of the valuable assistance given by counsel on both sides to the Court in clarifying the twilt aspects and unravelling the latent facets of what, viewed in typically isolated legal perspective, untuned to the national wave-length and unclouded by the dust -storms of politics is a humdrum case. Having regard to the obstreperous environs and mounting tensions surrounding the events following upon the judgment of the Allahabad High Court, it must be stated to the credit of Shri Palkhivala and Shri Shanti Bhushan that in their suave submissions they have shown how sound and fury only help thwart the thought-ways of law and extra-legal tumults can be walled off from the Court hall. The arguments have been largely legal and their merits have to be weighed in judicial scales. What, perhaps in a certain view, are not strictly pertinent to the stay proceedings have, however, been adverted to at the bar, inevitably and understandably, but within marginal limits, if I may say so, because the proceedings in the Halls of Justice must be informed, to some extent, by the great verity that the broad sweep of human history is guided by sociological forces beyond the ken of the noisy hour or the quirk of legal nicety. Life is larger than Law. Now I proceed to discuss the merits of the matter.

(2.) The appellant has moved this Court challenging the 'unseating' verdict against her by the High Court. She has also sought 'absolute stay' of the judgment and order under appeal. Entering a caveat, the respondent has also appeared through counsel and opposed the grant of stay,

(3.) While the right to appeal is statutory, the power to stay is discretionary. But judicial discretion-indeed, even executive discretion - cannot run riot. The former, though plenary, is governed in its exercise by sound guidelines, and courts look for light, inter alia, from practice and precedent, without however being hide-bound mechanically by the past alone. After all, judicial power is dynamic, forward-looking and socially luscent and aware. I mention this dimension of 'judge-power' because the industry and ingenuity of both lawyers have unearthed prior instances zigzagging now and then but substantially striking the same note, A few orders from the debris of old records have been brought up which seem to suggest variations in the type of stay granted by the higher courts. I shall have occasion to dilate on them a little later, Suffice it to note that the power of the court must rise to the occasion, if justice, in its larger connotation, is the goal-and it is.