Common Law

This blog originated in the felt need to ponder where it is found that Indian Public authorities are fascinated to interprete laws to their convenience and logic and issue notices as they deem fit, completely devoid of spirit of the enacted laws. In modern democracies, wide powers vest with Legislators, Judges, with Govt, and with Bureaucrats. Each group, if it so wishes, may act quite fancy, in any or all the ways thus far specified hereinafter. Nevertheless, the authorities in charge may be disproportionately rude if you happen to be in even irrelevant shortcoming. The Scent of power is immense. The Public Servants / Officials were deemed heard, saying, in the words of learned Professor Upendra Baxi- (1)As an Authority of Public Power, I have this and that power. I exercise it in this or that manner because I so wish. The only good reason which I exercise my power this or that manner is that I wish to exercise it in this or that manner; (2) As an Authority of Public...

(1) In criminal jurisprudence, the thumb rule is that, a man may be detained, of course by following the due process of law, if he is accused of having committed an act which is labelled as offence punishable with fine or imprisonment or both. It obviously follows that although a man has some evil intention to commit an illegal act, but he cannot be accused of having committed illegal act as long as the evil act remains in his mind. (2) Article 22 of Constitution of India deals with preventive detention of persons. This article consists of two parts. Clauses (1) & (2) apply to persons arrested under a law otherwise than a preventive detention law. Clauses (4) to (7) apply to persons detained under preventive detention law. (3) The clauses (4) to (7) in essence state that a person detained must be told the grounds of hid detention although the authority may not disclose such facts which in their opinion would be prejudicial to pubic interest if disclosed; One cannot be detaine...