For Those Who Are Puzzled by Recent Orders of Supreme Court in #Farmerprotest cases

Framers of Constitution visulised that there may be legal disputes which should be resolved rather than adjudicated.

For this purpose they armed Supreme Court with three Articles namely 32, 136 and 142.

Together these article have given Supreme Court to do power to do ultimate justice.

Here the powers of Supreme Court are not restrained by any law or enactments.

For example, under Art, 32, even in areas where no laws are made, Supreme Court can make temporary law, can redefine a new fundamental right, if it is ancillary to Art.21, that is Right to Live.

Under this powers, Supreme Court has declared that Right to Safe Drinking water is fundamental right. And there are so many other such instances like Right to Fair Investigation, Right to Live with Dignity etc.

Under Art 136, it can reexamine and can set aside any administrative order orany Judicial Order of any government body or any High Court or any other courts also, throughout India.

Under Art 142, Supreme Court can pass any order which it thinks fit and in the interest of Sovereignty and Integrity of Nation and Justice.

One of the role of Supreme Court is problem solving. There may be disputes and crisis where instead of adjudication of rights of party, a resolution between the parties may be in the interst of Justice.

Here, Supreme Court uses its power to pass any order under Art 142.

The orders passed in #Farmersprotest case are oreders of this nature

(C) Haresh Raichura 23/1/21

One should avoid to try to guide or advise people higher up in public domain

Many years ago, once I had written a letter to a very big personality, drawing his attention to some areas in which social work was needed.

Sharp came his reply. The reply began with a hammer statement.

It read,

"I do not like to be guided and advised by others...."

I instantly learned the lesson, that people who are higher up have their own agenda and their own plans. And they are moving on their agenda at speed of bullet train.

It is not wise to try to guide or advise them.

I write this because, I think everyday judges in High Court and Supreme Court receive lots of letters advising and guiding them about which injustice needs to be removed.

I think it is not right to try to advise and guide people who are at much higher level than us.

Haresh Raichura 3 Sept, 2020

The lawyer who sent money to a client when he heard that his house was washed away in flood due to heavy rain

The lawyer who sent money to a client when he heard that his house was washed away in flood due to heavy rain.

This actually happened some years ago. I could not believe this at first. But when the client who had received money told me, I had to believe him.

He was dismissed from service without due process. He went to an Ahmedabad lawyer.

Since he was poor and out of job, the Lawyer agreed to fight his case for nominal expanses charges.

He fought. And won. The client got his job. But some seniority and benefits were denied to him.

So he came to me to file an appeal in Supreme Court, and then he told me this story.

He had a house in lower plane of Surat near a river. When heavy rain and flood came, his house was washed away.

His case was still pending and awaiting hearing in High Court.

When Ahmedabad lawyer read in newspaper about flood, he made inquiries about his client and learned that his house was washed away.

The lawyer immediately sent money to client to help his rehabilitation.

The name of lawyer is Prakash H. Pathak.

(C) Haresh Raichura 25/8/19, 25/8/20
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