This is supposed to be either a very brilliant article, or it is supposed to be Trash written by some "Out of his mind" writer.
Why?. Because since 1988 this law is applied in India. If your check is dishounoured, you havt to go in jail and be fined double the amount of checks. Lakhs of cases are filed. Courts are clogged with such cases. Even Chief Justice of India said that huge load of such cases are clogging courts so much that they are unable to decide other cases.
Now, suddenly, this morning I have woke up with the idea that the whole law is unconstitutional. Provisions should be struck down. Lakhs of cases pending in courts should be quashed.
Great ! I will be hero in legal world if I can prove what I say. And I will be a big Zero if I am proved wrong.
First thing I checked is , has the validity of this law checked by Supreme Court? Because in our Constitution, Law is not what Parliament says. Law is what Supreme Court says! So if the Supreme Court has said that this law is constitutionally valid, then I don't need to think further and you don't need to read further.
I have a 45Rs. book on the subject. It does not say that validity of this law has ever been challenged in Supreme Court in last 24 Years!!!Good ! This in encouraging! It says a lot about our Lawyers!
Why no one ever came to Supreme Court to challenge validity of this law to Supreme Court? I asked myself a second question. I must be mistaken somewhere!
But then the answer came. The victims of this law are people who have run out of their money and they are unable to pay fees of our Constitutional Expert Lawyers to challenge validity of this law.
Very right reason. We are busy lawyers. We charge per minute of our time. If no one pays our charges, how can a lawyer spend his valuable time on this issue! It is immaterial in this world to bother about lakhs of people who may be in jail because of an unconstitutional law.
For reason which God may be knowing, today I am charged with this issue. And if my other works permit me, by the evening or by tomorrow morning, I will tell you why I think that this law is unconstitutional and why Supreme Court may struck down this law if its constitutionality is challenged, and why people who are in jail must be freed immediately. Lakhs of pending cases in this matter must be thrown out of courts. Courts will become free from unnecessary burden of these Case.
Right now two clients are waiting i my office. So I leave. But if any of you is lawyer who have come across any judgement which says that SC has upheld validity of this law, then please tweet me at @hareshraichura.
(Continued)
Why?. Because since 1988 this law is applied in India. If your check is dishounoured, you havt to go in jail and be fined double the amount of checks. Lakhs of cases are filed. Courts are clogged with such cases. Even Chief Justice of India said that huge load of such cases are clogging courts so much that they are unable to decide other cases.
Now, suddenly, this morning I have woke up with the idea that the whole law is unconstitutional. Provisions should be struck down. Lakhs of cases pending in courts should be quashed.
Great ! I will be hero in legal world if I can prove what I say. And I will be a big Zero if I am proved wrong.
First thing I checked is , has the validity of this law checked by Supreme Court? Because in our Constitution, Law is not what Parliament says. Law is what Supreme Court says! So if the Supreme Court has said that this law is constitutionally valid, then I don't need to think further and you don't need to read further.
I have a 45Rs. book on the subject. It does not say that validity of this law has ever been challenged in Supreme Court in last 24 Years!!!Good ! This in encouraging! It says a lot about our Lawyers!
Why no one ever came to Supreme Court to challenge validity of this law to Supreme Court? I asked myself a second question. I must be mistaken somewhere!
But then the answer came. The victims of this law are people who have run out of their money and they are unable to pay fees of our Constitutional Expert Lawyers to challenge validity of this law.
Very right reason. We are busy lawyers. We charge per minute of our time. If no one pays our charges, how can a lawyer spend his valuable time on this issue! It is immaterial in this world to bother about lakhs of people who may be in jail because of an unconstitutional law.
For reason which God may be knowing, today I am charged with this issue. And if my other works permit me, by the evening or by tomorrow morning, I will tell you why I think that this law is unconstitutional and why Supreme Court may struck down this law if its constitutionality is challenged, and why people who are in jail must be freed immediately. Lakhs of pending cases in this matter must be thrown out of courts. Courts will become free from unnecessary burden of these Case.
Right now two clients are waiting i my office. So I leave. But if any of you is lawyer who have come across any judgement which says that SC has upheld validity of this law, then please tweet me at @hareshraichura.
(Continued)
