SC: Reputation Is A Facet Of Right To Life – Nov 2008

I consider this judgment to be an important tool in the fight against this extortion racket.

Here are a few exceprts:

17.    If a person against whom a prevention detention order has been passed can show to the Court that the said detention order is clearly illegal why should he be compelled to go to jail? To tell such a person that although such a detention order is illegal he must yet go to jail though he will be released later is a meaningless and futile exercise.
18.    It must be remembered that every person has a fundamental right of liberty vide Article 21 of the Constitution. Article 21, which gives the right of life and liberty, is the most fundamental of all the Fundamental Rights in the Constitution. Though, no doubt, restrictions can be placed on these rights in the interest of public order, security of the State, etc. but they are not to be lightly transgressed.
21.    If a person is sent to jail then even if he is subsequently released, his reputation may be irreparably tarnished. As observed by this Court in State of Maharashtra & Ors. vs. Public Concern for Governance Trust & Ors. 2007 (3) SCC 587, the reputation of a person is a facet of his right to life under Article 21 of the Constitution (vide paragraphs 39 and 40 of the said decision).
22.    As observed by the three Judge bench of this Court in Joginder Kumar vs. State of U.P. & Ors. AIR 1994 SC 1349 (vide para 24) : “………..The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The Police Officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person.” (emphasis supplied)
24.    If a person against whom a preventive detention order has been passed comes to Court at the pre execution stage and satisfies the Court that the detention order is clearly illegal, there is no reason why the Court should stay its hands and compel the petitioner to go to jail even though he is bound to be released subsequently (since the detention order was illegal). As already mentioned above, the liberty of a person is a precious fundamental right under Article 21 of the Constitution and should not be likely transgressed. Hence in our opinion Smt. Alka Subhash Gadia’s case (supra) cannot be construed to mean that the five grounds mentioned therein for quashing the detention order at the pre execution stage are exhaustive. 28.
28.    Learned counsel for the respondent submitted that a writ of habeas corpus lies only when there is illegal detention, and in the present case since the petitioner has not yet been arrested, no writ of habeas corpus can be issued. We regret we cannot agree, and that for two reasons. Firstly, Article 226 and Article 32 of the Constitution permit the High Court and the Supreme Court to not only issue the writs which were traditionally issued by British Courts but these Articles give much wider powers to this Court and the High Court. This is because Article 32 and Article 226 state that the Supreme Court and High Court can issue writs in the nature of habeas corpus, mandamus, certiorari, etc. and they can also issue orders and directions apart from issuing writs. The words `in the nature of’ imply that the powers of this Court or the High Court are not subject to the traditional restrictions on the powers of the British Courts to issue writs. Thus the powers of this Court and the High Court are much wider than those of the British Courts vide Dwarka Nath vs. Income-tax Officer, Special Circle, D Ward, Kanpur & Anr. AIR 1966 SC 81 (vide para 4), Shri Anadi Mukta Sadguru Shree Muktajee Vandasjiswami Suvarna Jayanti Mahotsav Smarak Trust & Ors. vs. V.R. Rudani & Ors. AIR 1989 SC 1607 (vide para 16 to 18), etc. Secondly, what the petitioner really prays for is a writ in the nature of certiorari to quash the impugned detention order and/or a writ in the nature of mandamus for restraining the respondents from arresting him. Hence even if the petitioner is not in detention a writ of certiorari and/or mandamus can issue.
29.    The celebrated writ of habeas corpus has been described as `a great constitutional privilege of the citizen’ or `the first security of civil liberty’. The writ provides a prompt and effective remedy against illegal detention and its purpose is to safeguard the liberty of the citizen, which is a precious right not to be lightly transgressed by anyone. The imperative necessity to protect those precious rights is a lesson taught by all history and all human experience. Our founding fathers have lived through bitter years of the freedom struggle and seen an alien government trample upon the human rights of our citizens. It is for this reason that they introduced Article 21 in the Constitution and provided for the writs of habeas corpus, etc.

Here is the judgment: Deepak Bajaj Vs Ste Of Maharashtra-2008

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1 Response to “SC: Reputation Is A Facet Of Right To Life – Nov 2008”


  1. 1 Sabapathy December 15, 2008 at 3:55 am

    THE MEN TORTURED IN THE HANDS OF WOMEN/WIFE

    NOWADAYS men are tortured in the hands of women by misusing newly formulated laws specially designed only for women. The law makers fully forgetting the constitutions article 14 which says all men and woman are equal before law or say equality before law. This article 14 giving equal strength to man and woman but formulating new law for women so for no law formulated by the law makers for men. Why?

    A fine case of one Mr. Rathinasabapathy who was married with Rajeswari of Howrah at Pondicherry on 4th June 2003 started their life initially at Pondicherry latter after five months shifted to Bangalore where he was employed. The husband arranged job for his wife and he had given her all possible freedom which include to visit her parental house, to wear the dresses she feel convenient. But his all these freedoms and love showered towards the wife resulted in one fine day with hand cuffs of iron. Do you believe? YES THIS IS A TRUE STORY. The husband who once tried his best to keep his wife happy meted the cruelty by the same women. The husband arranged all physical mental pleasures for his wife but not fulfilled one demand which is affecting his parents, unmarried brother and sister. The wife demand for separate dwelling that too in such a place the language of which is a strange thing to the husband and leaving the old aged sick parents here all alone was not welcomed by the husband and which only resulted in iron hand cuffing like a herded criminal and lying in illegal custody for eight days.

    The wife and her parents even not intimated him the child birth and somehow when he come to know the child birth he requested to send a snap of the child which was also not heard. For the new born the father send some gift which was also returned by the wife and her parents. Their cruelty reached at Himalayan peak when she lodged a complaint using the weapon of dowry and domestic violence act (DVA) and several other criminal section against husband and in-laws, the in-laws who never interfered her life. The question is if she really met cruelty by the hands of husband and his relatives why she had not opted to file a complaint in the jurisdiction police station which was only in walkable distance. She opted to file complaint in the Howrah police station and filed a divorce under section 13a and succeeded to get an expartee decree within 3 months of filing which is very impossible as per marriage law. The husband had not given time to file counter or for a counselling. When husband was attending for maintenance case and came out of the court he was arrested and handcuffed and remained in the custody for eight days and ninth day presented before the judicial magistrate and then kept one day in judicial custody and latter bailed out. The wife atlest shown curtsy by not opposing the anticipatory bail of in-laws.

    The women how she forget the sweetness of togetherness, how she forget the sweet face of her husband which is now also in front of her in the form of child.

    THE MEN WAS CRUSHED IN THE HANDS OF WOMEN. The men who is a M.Sc., M.Phil., earning sufficiently was now staring the sky with no hope for justice. His parents are weeping and sister, brother still in a stage of shock.

    The reward paid by the wife to her husband is the only result of misusing of newly formulated laws. The court at Howrah which have no jurisdiction neither to try the suit for divorce nor for the criminal offence as the couple married at Pondicherry and last resided place at Bangalore, where both of them were employed and as such alleged offence held in Bangalore. So the decree which is passed by the Howrah Court is improper and the complaint also liable to be quashed. But these all will happen in future.

    Wake and do something for men otherwise similar trouble tomorrow you also have to face. For this not only togetherness of men required but the togetherness of women also required.

    Thanks,
    M. Rathina Sabapathy
    9901071044
    sabapathy68@rediffmail.com
    Pondicherry

    Like


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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