Monday, March 21, 2011

Power of Supreme Court under Art. 32, 142 to do justice

Supreme court has erred in case of Khatri (II) Vs. State of Bihar (supra) and observed:
"the court is not helpless and the wide p[owers given to this court by Article 32 which itself is a fundamential right, imposes a constitutional obligation on this court to forge such new tools, which may be necessary for doing complete justice and enforcing the fundamental rights guranteed in the constitution which enable the award of monetary compensation in appropriate cases, where that is the only mode of redress available. the power available to this court under Article 142 is also an enabling provision in this behalf. the contrary vew would not merely render the court pwerless and the constitutional guarantee a mirage, but may, in certain situations, be an incentive to extinguish life, if for the extreme contravention the court is powerless to grant any relief again the State except by punishment of the wrongdoer for the resulting offense, and recovery of damages under provate law, by the ordinary process. If the guarantee that deprivation of life and opersonal liberty cannot be made except in accordance with law, is to be real, the enforcement of the right in case of every contravention must also be possible in the constutitonal scheme,m the mode of redress being that which is appropriate in the facts of each case. This remedy in public law has to be more readily available when invoked by the have-note, who are not possessed of the wherewithal for enforcement of their rights in private law, even though its exercise is to be tempered by judicial restraint to avoid circumvention of private law remedies, where more appropriate."

No comments:

Post a Comment