Contempt, Disobedience or Disregard of Supreme Court orders ought to be punished more frequently

Orders of Supreme Court are binding on all authorities of India.

It is contempt to disobey or to disregard orders of Supreme Court.

But if people are not punished for disobedience, the disobedience is bound to happen.

Today's TOI news report about halting of work in various information commissions on pretext of some order of Supreme Court is disturbing.

Most probably, some people are responsible for misinterpreting orders of Supreme Court. The mess may be cleared by SC by passing further clarificatory orders.

But it is desired that Supreme Court orders are respected and obeyed by authorities.

It is upto Supreme Court to see that it's orders command respect.

Haresh Raichura
30/9/2012

Bad Laws of India: Husbands suffer for Lack of Clarity in Sec. 125 for maintenance of wife?

Because of peculiar circumstances in India, law is biased in favor of women.

There is lack of clarity in law relating to maintenance of wife under Sec.125 of Code of Criminal Procedure.

Husbands suffer because of lack of clarity by courts in provisions regarding maintenance.

Sec.125 provides for maintenance of wife 1) Who is unable to maintain herself 2) And who is wrongly deserted by husband 3) Section does not speak about any criteria for fixing maintenance.

A wife who is double graduate can easily get a job if deserted by husband. Can she be called "A wife unable to maintain herself"?

In my view she has no right to invoke criminal proceedings under Sec.125. She has to file civil suit for fixing her maintenance. I think Supreme Court law is vague on this issue.

We only hope that some day Supreme Court will clarify difference between Civil law of maintenance and Criminal Law of maintenance under Sec. 125

Haresh Raichura
29/9/2012

A good High Court Judge should not inflict Pillory Punishment on advocates appearing before him

It is settled law that Judges should not pass strictures on advocates appearing before him. Nor on judges of lower court.

And yet many times it is seen that a High Court judge, while dictating judgement, in the judgement, passes negative comments on advocate who may have appeared in case.

Such comments amount to Pillory Punishment- punishment in present of peers of advocate.

When such comments are brought to notice of Supreme Court, it promptly strikes of such comments from the judgement.

However, this spoils atmosphere of mutual respect between judge and Bar.

Sometimes Judges as well as lawyers are suffering from Blood Pressure or Diabetes. It is possible for them to suddenly flare up in course of arguments.

But this should not lead to dictating unfair comments in judgement.

Haresh Raichura
26/9/2012