DANA PERTIN Vs. OKONG TABING

JUDGEMENT

(1.) This case should serve as a reminder to all those, who discharge judicial functions under the Assam Frontier (Administration of Justice) Regulation, 1945, that when they exercise judicial powers under these Regulations, they really exercise powers of the Sovereign and a Sovereign must not only do justice, but must also appear to have done justice. A neglected ember or spark, if left unattended, unquenched and dissatisfied, can destroy the whole house. A neglected aggrieved litigant can, similarly, bring to disrepute the whole administration of justice and even one such case may, at times, shake the confidence of the people in the impartiality and effectiveness of the judicial making processes and justice delivery system. It is one thing to follow text of law; it is quite another to follow its spirit. It will be paradoxical for a judicial Court to follow the letters of law and not its spirit. While exercising judicial powers, therefore, not only letter of law, but also its spirit has to be followed; otherwise, a judicial Court will, instead of having done justice, end up having done injustice.

(2.) The judgment and order under challenge in the present revision petition were passed on 20.03.2001, by the learned Deputy Commissioner, East Siang District, Pashighat, in Civil Dispute No. HT-23/88/99/2000-01 upholding the decision of the Kebang held on 15.01.2001 relating to the land, which formed the subject-matter of dispute between the parties. It is the appellant in the said appeal, who has approached this Court challenging the legality of the impugned judgment and order, dated 20.03.2001, aforementioned.

(3.) I have perused the materials on record including the impugned order.