TAJ SYNOPSIS
1. Sri P.N. Oak was born on 2nd
March 1917 at Indore and he fought the battle of independence in association
with Neta Ji Sri Subhash Chandra Bose and thereafter conducted the research on
the ancient Vedic Cultural Heritage in India and also in different part of the
World. He is now running at the age of above 87 years.
“I am unjust, but I can strive
for justice,
My
life’s unkind, but I can vote for kindness.
I,
the un-loving, say life should be lovely,
I,
that am blind, cry against my blindness”.
2. That the dawn of independence has virtually came
with confrontation of many problems for effective administration. The foremost
and the prominent problem was rehabilitation of the refugees. There was no
place for providing them the basic requirement of shelter and for that reason,
the government provided the shelter home for them. The locality was not
congenial for their adaptation. Thus the hostility amongst the people has
started generating their side effects. The civilisation is the beginning of the
governance to any nation. In absence of any co-ordination amongst the fellow
citizens, the concept of social embodiment was virtually evasive. Thus there
was neither any co-operation nor co-ordination amongst the citizens. The sole
motto was to accumulate the resources for advancement and to enforce their
hypothetical illusive superiority amongst the other inhabitant. Thus there was
a complete absence of religious and spiritual concept in the society.
3. That no man can survive in isolation.
There is a rule of give and take. The moment, one person is inclined to accept
everything as a matter of his right, the person who is inclined to give him his
extra potential, withdraw the basic offer. This become the end of social
collaboration. No country is able to survive except by the will of the people.
The bitterness amongst the people may ultimately lead to a crisis on
psychological level. Thus the country required the coercive method for the
enforcement of law and order situation. This was on account of partition of
India.
That the citizens, “we the
people” contemplating of the infringement of the indefeasible rights cannot be
told for tolerating infraction or invasion of their rights anymore, which is
guaranteed enough to relegate at the dawn of human rights jurisprudence promulgated
by judicial activism to fight their own battle in the forum available to them
under social action litigation. The Hon’ble Supreme Court has put an end to
instrument of status upholding the traditions of Anglo Saxon jurisprudence and
resisting radical innovation as honest in the use of judicial power to promote
social justice. Nothing rankles more in human heart than in justice. Access to
justice is basic human right on which is dependent other rights relating to
equality. Justice has always been the first virtue of any civilised society.
Life of law is a mean to serve the social purpose and felt necessity of people.
Affirmative action promotes maximum well being for the society as a whole and
strengthens forces of National integration. The purposeful role for more active
creative in deciding it by the court of law is by not “what has been” but “what
may be”. This is the role and purpose of law for the sovereign power of “we the
people” as enumerated in our preamble constitution of India. Politicians act in
nefarious designs with impunity. Political parties motivated with vested
interests are dancing to usurp power through any means, fair or foul even at
the cost of sacrificing the Nation’s existence to personal interest. Party
systems have pushed to advance its own schemes upon the ruin of the rest. Our
politicians are Mafia dons next to the invaders. Robbers have generally
plundered the rich who are seldom subjected to legislation always plunder the
common citizens and protect those Mafia dons under the phraseology of “law
making sovereign power” having the connotation “procedure establish under law
to be cherished instead of due process”.
There is always an excuse for
tyranny and mal-administration, which has degenerated the national character.
The power given needs a safeguard from such arbitrary power and unfair
exercise. In present set up freedom has become an abuse and liberty as license.
Therefore the moral damage is more terrible. An oppressive system is more to be
feared than a Tiger.
Deep needs to express thought;
Profoundly sickening to
compel;
Remain silent at expression;
Limitation of freedom
of thought;
Is attack on social rights;
As spiritual force is
stronger;
Than any material force;
As thought leash to
average conscience;
By the necessities of fatal
policy;
The
Hon’ble Supreme Court acted as an instrument of status quo-upholding the
traditions of Anglo-Saxon jurisprudence and resisting radical innovations in
the use of the judicial power to promote social justice under the republican
constitution till early 1970 with some Hon’ble expectations, but in the light
of a social economic philosophy alien to our freedom movement and aspiration of
the liberated people, the Apex Court has started a giving importance to the
rule of Law with “tryst with destiny”. The outstanding judicial activism in the
quest for social justice came by the enormous contribution of Hon’ble Supreme
Court in the recent years. The use of newfound judicial power in the service of
“WE THE PEOPLE OF INDIA” who has often being represented in the judicial forum
have always been at the receiving end of mal-administration and exploitation.
All
the members of the court are considered as wounded, where justice is found
wounded with inequity, and judges do not extract the dart of inequity from
justice or remove its blot and destroy inequity, in other words where the
innocent are not respected and the criminal are not punished.
A
virtuous and just person should never enter a court and when he does so, he
should speak the truth; he who holds his tongue on seeing injustice done, or
speaks contrary to truth and justice, is the greatest sinner.
Justice
destroyed destroys its destroyer; and justice preserved, preserves its
preserver. Hence, never destroy justice,
lest being destroyed; it should destroy thee.
In
this world justice or righteousness alone is man’s friend that goes with him
after death. All other things or
companions part on the destruction of the body and he is detached from all
company. But the company of justice is never cut off.
When
injustice is done in the government court out of partiality, it is divided into
four parts of which one is shared by the criminal or doer of injustice, the
second by the witness, the third by the judges, and the fourth by the president
king of an unjust court.
It will be instructive to sun up
this discourse with the observation of Hon’ble Chief Justice Bhagwati in Sukh
Das. “It is common knowledge that 70 percent of the people living in rural
areas are illiterate and even more than that percentage of the people are not
aware of the rights conferred upon them by law. Even literate people do not
know what are their rights and entitlements under the law. It is this absence
of legal awareness which is responsible for the deception, exploitation and
deprivation of rights and benefits from which the poor suffer in this land.
Their legal needs always stand to become crisis-oriented because their
ignorance prevents them from anticipating legal troubles and approaching a
lawyer for consultation and advice in time and their poverty magnifies the
impact of the legal trouble and difficulties when they come. More over, because
of their ignorance and illiteracy, they cannot become self-reliant; they cannot
even help themselves. The law ceases to be their protector because they do not
know that they are entitled to the protection of the law and they can avail of
the legal service programme for putting an end to their exploitation and
winning their rights. The result is that poverty becomes with them a condition
of total helplessness. This miserable condition in which the poor find
themselves can be added to situations”
(1986) 2 SCC 401).
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