(1.) The mighty says to the meek that you cannot command me to act; I shall act if I like, I shall not act if I choose not to act. The meek says that I possess the strength of law to give you the command; the law, which is no respecter of person and which does not allow anybody to rise so high as to be above it. This could be the scenario if what has been submitted by Shri Patnaik, learned Counsel appearing for the State, were to be accepted by us fully.
(2.) In the background of the present case, the point involved may be pithily put, on our going whole hog with Shri Patnaik, as to whether the Presiding Officer of a small munsifi in a small hamlet of Orissa (say, Nowrangpur in the district of Koraput) can call upon the all powerful Prime Minister of India to appoint a Commission of Inquiry, as visualised by Section 3 of the Commissions of Inquiry Act, 1952 (for short, "the Act") (hereinafter referred to as the "judicial inquiry"), if the small Munsiff be of the view that any matter relating to Union affair is of such public importance as to warrant the same.
(3.) We have opened the judgement with the aforesaid prefatory remarks as the State prays for recalling our directions to hold judicial inquiry and to pay compensation of Rupees 15,000/- to the kith and kin of each person who died in the "liquor tragedy at Cuttack". This approach has been made, not to serve any narrow gain, according to Shri Patnaik, but to take care of the injury caused to the polity by our aforesaid directions, which are said to be without jurisdiction and really gross transgression into the fields reserved for the executive as well as the legislature. It has been urged that our directions have seriously affected the balance of power so finally laid down in the Constitution that nothing short of recall of the two directions is demanded. It is not ordering a judicial inquiry here or a Commission of Inquiry there which has led the State to file the present petitions, but conferment of sweeping power even to the lowest rung of the judiciary to call upon the highest in the executive, the President of India, in whose name the Central Government functions, to act as per the direction of the former. Shri Patnaik has taken great pains to submit that our aforesaid directions have caused so deep a wound to the constitutional health of the country that we should rise to the occasion to heal it by retracing our steps in the larger public interest.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN