JUDGMENT

Dipak Misra, J.

The present appeal depicts and, in a way, sculpts the non-acceptance of conceptual limitation in every human sphere including that of adjudication. No adjudicator or a Judge can conceive the idea that the sky is the limit or for that matter there is no barrier or fetters in one’s individual perception, for judicial vision should not be allowed to be imprisoned and have the potentiality to cover celestial zones. Be it ingeminated, refrain and restrain are the essential virtues in the arena of adjudication because they guard as sentinel so that virtuousness is constantly sustained. Not for nothing, centuries back Francis Bacon[BACON, Essays: Of Judicature in I The Works of Francis Bacon (Montague, Basil, Esq. ed., Philadelphia: A Hart, late Carey & Hart, 1852), pp. 58-59.] had to say thus:-

“Judges ought to be more learned than witty, more reverend than plausible, and more advised than confident. Above all things, integrity is their portion and proper virtue......Let the judges also remember that Solomon’s throne was supported by lions on both sides: let them be lions, but yet lions under the throne.”

2. Almost half a century back Frankfurter, J.[ FRANKFURTEER