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Saturday, October 05, 2013

Only a 'pious hope' RAJASTHAN HC ORDERS MAY BE IMPLEMENTED - discussion on 'layman's views' continues...

 PESSIMISTIC/OPTIMISTIC VIEWS 
  • "I do not agree with some one who wrote that “SC is numbering the new civil petition and our days are already numbered”. Saying so he is a pessimist," writes SHRI R.K. VISWANATHAN.  
  • He concludes his write up saying "Suffice to say that there is no other alternative for LIC than to comply with the judgment in JAIPUR SB CWP NO 6676. Let us be optimistic.
  • He however does not say if LIC would be asked to implement Raj. HC orders during the pendency of LIC's appeal in Supreme Court which is the crux of the problem.

                  RK VISWANATHAN                  

The word contempt of court means disobedience or disrespect of a court order. No sooner the dismissal of SLP reached our hands it was a free for all to foresee the future events for some in a negative way. In jurisprudence  a contempt petition is to get the court order implemented, a recourse available to the aggrieved. If such machinery is absent it will lead to anarchy shaking the very foundation of our judicial system. 

The question of the arrest of those committing contempt depend upon the severity and the nature of the case  and counsel for Asthana when asked whether he desires it in his client’s contempt petition he wisely said that he was only asking for the compliance of the court order and nothing more than that.

I do not agree with some one who wrote that “SC is numbering the new civil petition and our days are already numbered”. Saying so he is a pessimist.

layman's view
If the contempt petition is allowed for revision there is no end to it and certainly this is a remote chance. In Tamil Nadu acid case when the TN government has not complied to the HC order to come out with their policy to curb the acid menace they were hauled up in the court in public gaze and were warned. Then the government came on their knees.

The shortage of judges and too little courts handling too many suits lead to irksome delays in dispensing court orders. Until the judicial system is revamped which is in the offing one has to bear with the delay. However we have immense faith in our judiciary as could be seen in recent cases where powerful politicians and bureaucrats could not escape the clutches of law. Suffice to say that there is no other alternative for LIC than to comply with the judgment in JAIPUR SB CWP NO 6676. Let us be optimistic.

Happy Dussara to every one!