STATE BANK OF INDIA Vs. AMAL KUMAR SEN

JUDGEMENT

(1.) A. M. Bhattacharjee, J.- We dismiss this appeal and affirm the order of temporary injunction granted by the learned Chief Judge, City Civil Court, Calcutta. But a few prefatory words by way of introduction before we proceed to state our reasons.

(2.) Our resolve in the Preamble to our Constitution to secure 'Social Justice' to all must not be taken to be a mere sonorous prelude to a grandiloquent parchment. Because in the Directive Principles of State Policy also, which have been declared in Article 37 to be "fundamental in the governance of the country", 'the State' in Article 38, has been categorically commanded "to strive to promote the welfare of the people by securing and protecting, as effectively as it may, a social order", in which 'Social Justice' "shall inform all the institutions of the national life".

(3.) Jurists have very often indulged in metaphysical hyper-boles and legal verbomania in mystifying the concept of Justice. Even Lord Denning has said only the other day in his "The Road to Justice" (1955 - page 4) that "the question, 'what is Justice?' has been asked by many men far wiser than you or me and no one has yet found a satisfactory answer". According to the Socialist thinkers, however, all these obfuscations about Justice have been deliberately done by or at the behest of the ruling class so that those who are ruled may remain confused and may not, therefore, take up y bellicose attitude to demand Justice.