WALEESH AHMED Vs. UOI

JUDGEMENT

(1.) Having filed the writ petition in February 1994, Waleesh Ahmed could not see the fate of the writ petition since he died on 4.2.2007. His wife Mst.Shahida, his sons Tabish and Nazish aged 20 years and 13 years respectively and his daughter Tabisha aged 18 years as of today, filed CM No.6445/2007 to be brought on record as the legal heirs of Waleesh Ahmed. The application was allowed on 10.4.2008. They were impleaded as petitioners. It has taken further time of a little over 3 years for the writ petition to be heard by us on 18.4.2011.

(2.) We wish that rough justice was permissible to be administered by Judges for the reason, the huge traffic jam on the judicial highway can be substantially eased if one is permitted to drive in the by-lanes. But, the opponents of the view would urge that at no cost can justice be sacrificed; not even at the cost of receiving rough and ready justice.

(3.) Waleesh Ahmed desired to live peacefully in his house. Our decision would result in a structure being made for him, but would house his grave. What use is it to a man that during his life time he is made to stand on the street with hope of being provided with a beautiful structure to live in and by the time the beautiful structure is erected it can only house the grave of the man.