462.
THE SUPREME COURT OF INDIA:
THE LAW IS THE CREATOR OF JUSTICE
The USA, on 5 January
2016, decried the terrorist attack at the Pathankot Air Force base in India. It
expressed the hope that Pakistan would assist the investigation.
There are reports
that a soldier died while defusing a bomb. This should not have happened.
A former Chief
Justice of India, S.H. Kapadia,
passed away at a hospital of Mr. Ambani
in Mumbai on 5 January 2016.
Union Finance Minister Mr. Arun Jaitely, on 5 January 2016, appeared before a judge at a
court in New Delhi in connection with the criminal defamation case filed against Chief Minister of Delhi Mr.
Arvind Kejiriwal and five others.
The judge did a grave
injustice by admitting the petition.
Assume that the media
report this work.
The Supreme Court of
India could file a number of cases against the present man for contempt.
Prime Minister Mr. Narendra Modi could file a case for
calling him a despot.
A large number of
others would say that this work affects their reputation in the mind of the
right thinking people.
Even the Supreme
Court would cite this as the reason for not publishing the letters.
The present judges of
the Supreme Court of India may not get time to read the letters sent to their
predecessors.
Therefore, it is
firmly reiterated that the allegations of this kind may be false.
But, such allegations
trigger a discussion.
Eventually, the
controversy would strengthen true conviction.
This is simply
because the truth is the fittest to survive.
Therefore, it is to
the advantage of mankind that all such allegations come to the knowledge of the
people.
Such allegations
cannot be construed as something doing harm to others at all.
As this judge –just like
many other judges- does not know this fundamental law of freedom of expression,
he admitted the petition.
However, the
Parliament did not enact the above law.
The Constitution of
India is silent about this law.
The Supreme Court of
India also did not define freedom of expression.
Naturally, the judge admitted the petition based on his knowledge of law.
Further, the right to
hear is the complement of the freedom of expression. This is another
fundamental law of freedom of expression.
He is a doctor. In this sentence, the noun
phrase- ‘a doctor’ - is the complement of the pronoun- ‘He’. In the absence of
this complement, the word ‘He’ has no physical meaning.
Similarly, if there
is no right to hear, the freedom of expression has no physical meaning.
The third and the
most important law is the right to hear according to degree.
The crucial question
is whom the people must hear.
The President of
India, the prime minister and the learned judges of the Supreme Court receive a
large number of letters from the people.
If the subject of any
letter reaches their mind, they must release it to the press.
The reason is that
they come to know about it -directly or through their private secretaries- because
of its intrinsic value.
Surely, anything that
makes the judges intelligible will be useful for the people.
Now, the plunderers
of public assets impose their men upon the people.
They make drivers,
bureaucrats, tea makers and the IIT-ans the despots of India and proclaim to
the world that they seized power through the ballot box.
Now, the allegations leveled against Mr. Arun Jaitely by Mr. Kejiriwal is all India news.
But, hundreds of
intelligent points mentioned by this man to put right the public wrongs are not
news.
Naturally, Mr. Kejiriwal is a hero and the present
man is a zero.
Therefore, the
learned judges of the Supreme Court of India must think of giving an
appropriate interpretation to freedom of expression before the ruling class
impose another despot as the next prime minister.
They can add any
other criteria to the above.
Surely, the ‘laws are
the creator of justice’.
The consequences of
ignoring this is a disastrous one.
In the absence of a law for freedom of expression, a judge
would punish the innocent and protect the criminals.
He cannot do justice
at all.
This is letter
No. 462
This email is being submitted to His Excellency the
President of India, Supreme Court of India, Chief Vigilance Commissioner,
Indian Army the Indian Air Force, Department of Justice and posted in the
blog: www.howeverythinghappenedinindia.blogspot.com on 6-1-2016..
6-1-2016.
V. Sabarimuthu,
26-3 Thattamkonam, Vellicode, Mulagumoodu PIN: 629167, India.
Mobile: 9486214851
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