BALASAHEB RANGNATH KHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) I have had the privilege of going through the erudite exposition of an arguable point of law which merits the depth of articulation as is done by my brother Judges Kanade and Thipsay. The point of law required to be decided merits enunciation of settled principles of interpretation of statutes for reading a clear provision as per its own terms, reading it along with every other provision in the chapter in which it appears, reading the statute as a whole and deciphering the intention of the legislature that propelled the enactment given the state of affairs that prevailed before the enactment, the mischief that was apparent and the mode in which the legislature sought to remedy it. The heyden s rule or the mischief rule , which is the well settled principle of law, must be present to the mind of any interpretor of such enactment and which has been present to the mind of my brother Judges and must not be lost sight of.

(2.) An aspect of victimology, the doctrine of victim protection, victim representation and victim rehabilitation, is the subject matter of the above appeals.

(3.) The criminal justice system has been designed with the State at the center stage. Law and order is the prime duty of the State. It fosters peace and prosperity. The rule of law is to prevail for a welfare State to prosper. The citizens in a welfare State are expected to have their basic human rights. These rights are often violated. The law and order is breached. A citizen is harmed, injured or even killed as a result of the crime. He/she is a victim of an act termed an 'offence' in the criminal justice system. He/she seeks recourse to law and justice. Justice is given to him/her upon upholding the rule of law. It is denied to him/her upon any breach by the perpetrator of the violation or even by the defender of his rights - the State.