Comments on Brief case analysis of State of West Bengal v. Anwar Ali Sarkar

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dr g balakrishnan

dr g balakrishnan

Wrote on 31 December 2016  

problem today is interpretation if not done properly and not accepted by a court competent , naturally litigation surges.



dr g balakrishnan

dr g balakrishnan

Wrote on 31 December 2016  

Any one may differ but law of the land is obviously controlled by the Art.14 and other relevant articles of the mother Constitution of India, which is like a Magna carta of india



dr g balakrishnan

dr g balakrishnan

Wrote on 31 December 2016  

In the similar way any PIL on 'demonetization of Modi government can surface if rightly sought under Art. 32 or 226 r/w 227, r/w Art 14 r/w Art 13, as there is a failure of relevant public Notice with a period of 60 days (as citizens need to serve 60 days Notice to government u/s 80 of CPC 1908, to public, as 'public Notice, was not served. After all 'demonetization definitely affects every loyal citizen in the country as much as 'hoarders of currency' ; even hoarders of currency also need the similar sec 80 Notice, under Art 14, even though they may be 'accused', after all 'accuses' too till convicted is treated under law as 'innocent person till he or she is convicted; Obviously the govt of india failed to comply whatever PM Modi may say; it is the responsibility of administration under governance principle govt is not exempted except under 'Emergency' if proclaimed by the honorable president of india, under an appropriate article say Art.265 r/w Art 352. so government of india obviously failed its duties to follow rule of law under very Art 51A of the Part IVA of the Constitution of india, as the Govt of india behaved the way WB govt did in its spl courts Act under sec 5(1).



dr g balakrishnan

dr g balakrishnan

Wrote on 31 December 2016  

Now PMO, the union health ministry (including AIIMS) , Apollo hospitals, state of TN have to respond 'faithfully' to the Notices served by the hon. Madras HC.



dr g balakrishnan

dr g balakrishnan

Wrote on 31 December 2016  

See, Art 14, endows power under fundamental rights of the constitution r/w art 13, empowers the court to question any untenable positions of any statute is obvious. In fact spl courts are to be established only not with the intention of short circuting the proceedings, as layers are vital for 'impartial treatment of issues' - Hospitals ought to provide right information to patient's near by relatives on what kind of treatment is offered and what is the 'error' committed too if there is an error or any such thing, for example CM of TN ms JJ was admitted in Apollo hospitals with the intention that nothing like wrong(s) or error (s) are committed, as she was a public person , so the people of TN or any citizen of india can seek information on the treatment, if not provided in spite of seeking for, is obviously leading to 'suspicion(s) of foul play on her body - so there is a PIL in Madras high court which hon court too suspects of some kind of foul play on her life, so it issued Notices to the governments at state , centre as also the hospital, besides PMO, to respond by a stipulated date, if not satisfactory arguments rendered to the hon court , it may ex-hume the body of ms JJ for forensic examination, is the case in point in reference to the article on Anwar Ali Sarcar v. WB govt. so the Art 14 is indeed powerful to visit on any statute , as long as some constitutional impropriety is found.



dr g balakrishnan

dr g balakrishnan

Wrote on 31 December 2016  

See, Art 14, endows power under fundamental rights of the constitution r/w art 13, empowers the court to question any untenable positions of any statute is obvious. In fact spl courts are to be established only not with the intention of short circuting the proceedings, as layers are vital for 'impartial treatment of issues' - Hospitals ought to provide right information to patient's near by relatives on what kind of treatment is offered and what is the 'error' committed too if there is an error or any such thing, for example CM of TN ms JJ was admitted in Apollo hospitals with the intention that nothing like wrong(s) or error (s) are committed, as she was a public person , so the people of TN or any citizen of india can seek information on the treatment, if not provided in spite of seeking for, is obviously leading to 'suspicion(s) of foul play on her body - so there is a PIL in Madras high court which hon court too suspects of some kind of foul play on her life, so it issued Notices to the governments at state , centre as also the hospital, besides PMO, to respond by a stipulated date, if not satisfactory arguments rendered to the hon court , it may ex-hume the body of ms JJ for forensic examination, is the case in point in reference to the article on Anwar Ali Sarcar v. WB govt. so the Art 14 is indeed powerful to visit on any statute , as long as some constitutional impropriety is found.



dr g balakrishnan

dr g balakrishnan

Wrote on 31 December 2016  

True, This case is right eye opener on any govt may be even the union government too - after all every federal or participation state governments cannot take away the Art 14 position of the constitution is obvious is stated by the judgement - it also confirms the power of constitutional courts like high courts to visit on such erroneous legislations and declare 'void' untenable sections like 5(!) of WB spl courts Acr.



Anil Satyagraha

Anil Satyagraha

Wrote on 23 December 2016  

This was a useful article. As an extension of the discussion, is it possible to publish the list of CASE-LAWS relied upon in this case by the Hon'ble Supreme Court ? Secondly, do we know of any other cases that RELIED upon the Judgement issued in this matter? Appreciate, responses to the aforementioned. ~Anil [at] Satyagraha.com


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