LAWS(JHAR)-2011-9-51

KAMAL NAYAN PRABHAKAR Vs. UNION OF INDIA

Decided On September 22, 2011
Kamal Nayan Prabhakar Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) the Chief Justice Heard the learned counsels for the parties.

(2.) THE P.I.L. has been classified in three categories.

(3.) TODAY , learned counsel for the petitioner formulated five points and substantially they according to him are the questions of law, (i) whether a thing, which is required to be done in a particular manner prescribed by law, is required to be done in such a manner only, (ii) whether any person can be allowed to take oath under Article 159 of the Constitution of India, otherwise than as provided under Article 159 of the Constitution and more particularly, in the manner, as prescribed under Article 102 of the Constitution of Pakistan, (iii) whether Respondent No. 3 could have been allowed to amend the format of oath, (iv) whether the words specified in Article 159 could have been changed and again the question has been posed, that (v) whether the oath taken in violation of Article 159, can be legalized ?