DEVIRAM Vs. STATE OF M P

JUDGEMENT

(1.) IT had been stated long back that there is a beginning in the end and the aforesaid sentence, it we are permitted to say so, has travelled beyond the philosophical and mystical realm to the modern day pragmatism engulfing the encapsuling the necessary aspects of personal liberty which is extremely sanguine and paramount to human existence. When liberty is lost the exclusivity of the soul paves the path of destruction and loud cries do not substitute the soothening and quieting of the soul. May be, for that reason Patrick Henry had proclaimed as under :

(2.) SPEAKING about the lofty and distinguished essence of liberty the jurists have gone to the extent of stating, even if there would have been prevalent of a barter system, no one would have bartered on bargained his liberty for all the pearls of the sea. It can be put in a different way. A person whose liberty has been affected can look with contempt at all the tea of China and would not be over awed by any kind of authority. When liberty is lost, the euphoria of life melts into insignificance. Life refuses to kick one to live; the purpose of life gets fossilized and the ebullience slowly becomes ossified. In an orderly society the supply of electricity of liberty can never be allowed to be stopped. To live, is not necessarily mean to live like an unperson but to live with dignity. More than two centuries back, Edmund Burke, the great architect of Liberty and Rule of Law spoke thus :

(3.) SIMILAR note was expressed by E. Barrett Prettyman, a retired Chief Judge of U. S. Court of Appeals :