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1985 Supreme(Bom) 103

V.S.KOTWAL, S.W.PURANIK
Baburao Shankarrao Wadikar & others – Appellant
Versus
State of Maharashtra & others – Respondent


Judgment

V.S. KOTWAL, J.:---The episode in this proceeding is disturbing as also alarming and it has an undercurrent that at very level a feeling of frustration or helplessness was sought to be exhibited. The episode has very severe dimensions and its impact is equally severe so much so that it has practically reduced the machinery in democratic principles almost to a mockery. If this undercurrent of frustration and haplessness is allowed to be carried forward even on this forum, it would add insult to the injury and furthermore the facts are so manifestly alarming that those contribute in making the present proceeding as manifestly a fit case where the technicalities should not be allowed to over-shadow the interest of justice and what is more important is that in such situation, though are rare by itself but nonetheless real in effect, the Court cannot assume the role of a passive and silent spectator. This has become absolutely necessary to instill the faith of the people in the democratic principle as well as in the system of administration of justice. In view of the heavy dimensions and the various shades of the controversy generated by the parties and in the context of certain
























































































































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