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Andhra Pradesh High Court
Judges : L.NARSIMHA REDDY
Labour Liberation Front, Mahaboobnagar - Appellant
Versus
State OF A.P., Labour Dept. - Respondent
Decided On : 12-29-04
Held : With due deference to those who coined it or those who firmly believe in it, it can be said that it is not true, at least in part. For this adage to become true, there has to be sincerity and honesty at all levels in those who are associated with administration of justice. The outcome of proceedings in law, particularly in criminal cases can be predicted with an element of objectivity and certitude, if only (A) the prosecuting agency presents the case honestly, (b) the witnesses depose truly, (c) the provisions of law are clear, and (d) the adjudicator is efficient and honest. Lapse or deficiency on any of these aspects would have its own impact on the outcome of the case.
If the prosecution is to depend upon the whims and fancies of the prosecuting agency or the Government of the day, if the witnesses keep on changing their versions, if the law is framed or changed keeping certain individuals in view, and if the adjudicator is not up to the expected standards, the law will not take its own course. On the other hand, its course is determined by one or the several factors referred to above. The way in which cases are foisted or withdrawn, particularly with the change of the Governments, the manner in which, the witnesses are coming forward, with conflicting versions, would illustrate phenomenon referred to above. The criminal legal system in the country has become so elastic and uncertain that persons can be put behind the bars for months or years together on the basis of unfounded allegations, whereas, those convicted for heinous crimes can be made to wander freely in the society by liberating them from jails, even before they have served the sentence. Much would depend upon the whims of those who control the system.
In the recent past, the freedom of the prosecuting agency, and that of the Courts, to deal with the cases before them freely and objectively, is substantially eroded, on account of the overactive or proactive stances taken in the presentations made by the print and electronic media. Once an incident involving prominent person or institution takes place, the media is swinging into action and virtually leaving very little for the prosecution or the Courts to examine the matter. Recently, it has assumed dangerous proportions, to the extent of intruding into the very privacy of individuals. Gross misuse of technological advancements, and the unhealthy competition in the field of journalism resulted in obliteration of norms or commitment to the noble profession. The freedom of speech and expression which is the bed rock of journalism, is subjected to gross misuse. It must not be forgotten that only those who maintain restraint can exercise rights and freedoms effectively.
( 1 ) IN a way and in a sense, this writ petition demonstrates the extent to which the institutions of ancient origin as well as the concept of public interest litigation have become vulnerable. It also indicates the abyssal levels, to which the norms of journalism have drifted.
( 2 ) THE petitioner claims to be a registered organization, with an object of espousing the causes of labourers. It filed the writ petition seeking a direction to the respondents, viz. the authorities of Labour and Police departments, to take immediate action in respect of criminal cases filed against suryalaxmi Cotton Spinning Mill, mahaboobnagar, and violation of labour laws therein after calling for records. The basis or inspiration for filing this writ petition is said to be the items of news, published in various newspapers, during the months of november and December, 2004.
( 3 ) TWO workers of the mill, referred to the above, are said to have died in the year 1998. Investigation into the same is alleged to have been entrusted to the CBCID. In paragraph-6 of the affidavit, which constitutes an important portion of the pleading, it was stated as under:"it is further submitted that it is reported that two teenaged women workers of 16 years and 18 years by name tirupathamma and Nirmalamma were raped and murdered in the year March, 1998. The investigation was entrusted to the CBCID Department, but no action is taken against the culprits. It is reported in the press that the relatives of the management were involved in that case and also at the same time jayendra Saraswathi who was the peethadhipathi of Kanchi Kamakoti came to the Surya Laxmi Cotton spinning Mill and performed poojas and yagnas. The rumours came out as two teenage women workers in the mill were killed in the name of "bali" (Andhra Jyothi Daily on 5-12-2004 ). "reference is also made to the items of news published in other newspapers. Clippings of the press reports referred to above are filed as material papers to the writ petition.
( 4 ) THE writ petition came up for admission on 15-12-2004. During the course of hearing, it was enquired from the learned counsel for the petitioner as to what was the basis and relevance for making reference to sri Jayendra Saraswathi in this writ petition, and it was adjourned to 21-12-2004, to enable the deponent to appear. The deponent filed W. P. M. P. (SR) No. 127642 of 2004, seeking permission of the Court to delete the portion of the affidavit, extracted above. He also tendered unconditional apology for mentioning the name of Swamiji. On the next date of hearing, the attention of the learned counsel for the petitioner was drawn to Annexure-l to the writ petition, which reads as under: (1) "the petitioner s organization is registered one with Regd. No. 4483 and our organization is affiliated to mahaboobnagar District Palamoori contract Labour Union. (2) Jayendra Saraswathi who was the peethadhipathi of Kanchi Kamakoti came to Surya Laxmi Cotton spinning Mill and performed pujas and yagnas. (3) The police didn t register the crime and no post-mortem of the dead body was conducted. The same is reported in the press [ (1) Andhra jyothi Daily on 17-11-2004, 5-12-2004 and 7-12-2004, (2) Eenadu Daily on 4-12-2004]. "in fact, the learned counsel, Sri Prathipati venkateswarlu, was shocked and surprised on seeing this, and immediately made a request to the Court to permit him to withdraw the writ petition, after receiving instructions from his client. There should not have been any difficulty for this Court in acceding to his request. However, it is felt that a time has come, when the Court has to discourage the indiscriminate proceedings in the name of public interest litigation, and guard itself from being used as a tool by certain interested persons to gain popularity, or to create sensation. Time has also come, to express concern over the way in which institutions and persons of high reputation are sought to be maligned.
( 5 ) THE
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