STATE OF TAMIL NADU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present interlocutory application, being I.A. No.12 of 2016 which was mentioned yesterday, viz. 11.09.2016, is taken up today. In the affidavit of urgency in support of taking up of the application for hearing, if we allow ourselves to say so, is absolutely disturbing and to say the least, totally deprecable. Paragraph 3 of the said affidavit reads as follows:-

(2.) That apart, the application for modification contains certain averments which follow the tenor of similar language which cannot be conceived of to be filed in a court of law, seeking modification of an order. Agitation in spontaneity or propelled by some motivation or galvanised by any kind of catalystic component, can never form the foundation for seeking modification of an order.

(3.) An order of this Court has to be complied with by all concerned and it is the obligation of the Executive to see that the order is complied with in letter and spirit. Concept of deviancy has no room; and disobedience has no space. The citizens cannot become law unto themselves. When a court of law passes an order, it is the sacred duty of the citizens to obey the same. If there is any grievance, they are obligated under the law to take recourse to permissible legal remedies. The tenor of the application filed by the State of Karnataka does not reflect so, but, on the contrary, demonstrates otherwise. We decry it. We must appreciably state what Mr. Fali S. Nariman, learned senior counsel appearing for the State of Karnataka has submitted without any kind of equivocation that the affidavit has been erroneously drafted, but the prayer, in essence, requires a hearing. Learned senior counsel would submit that he will not press any of the grounds which relate to the said assertions or averments, but would solely rely on other grounds and the final order passed by the Tribunal. Keeping in view the aforesaid submission, we proceed to record the proponents of Mr. Nariman, learned senior counsel for the State of Karnataka in respect of the reliefs sought for in the application. The prayers in the application read as follows:-