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2009 Supreme(Bom) 1701

R.S.DALVI, SWATANTER KUMAR, A.M.KHANWILKAR
Panchabhai Popotbhai Butani – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Petitioners:D.S. Mhaispurkar, Satish Maneshinde, Senior Advocate, a/w Ashish Chavan, Vivek Vashi i/b M/s.Bharucha & Partners, Shirish Gupte, Senior Advocate, i/b A.R. Pande, Shirish Gupte, Senior Advocate, a/w Gaurav Agrawal, Ms.Urvashi Tapas i/b M&M Legal Venture, Ayaz R. Khan a/w Nilofar Sayed, Shirish Gupte, Senior Advocate, a/w S.A. Sawant, H.V. Kode, Sachin Kadam, Advocate.
For the Respondents:K.V. Sasta, Additonal Public Prosecutor, R2 to R4, Sharif Shaikh, Y.K. Mirza, Santosh Pal, Amit Desai, Senior Advocate, a/w Samsher Garud, Pankaj Sutar, N. Chaudhary i/b. Khaitan & Jayakar, R3, S.G. Shirsat, R1, K.G. Menon, Senior Advocate, a/w J.L. Phoujdar, A.P. Mundargi i/b V.V. Purvant, Advocates.

Judgment :-

Swatanter Kumar, C.J.

Preamble of our Constitution guarantees to a citizen justice, liberty, equality and fraternity. All these are possible only when there is rule of law. The rule of law could discernibly be dissected into two well accepted concepts : (i) governance and (ii) administration of justice. They are not only the pillars of the Constitutional mandate, but are linchpin to the growth, development and independence of any nation or society. Governance obviously means good governance and it refers to the task of running the Government in an effective manner. Right to a legitimate and accountable government under which fundamental rights and human rights are respected and the Government controlled by the rule of law are the basic elements of good governance. Rule of law indicates good governance which requires fair legal framework that enforce law impartially. Impartial enforcement of laws requires an independent judiciary and an impartial and incorruptible police force.

2. Edward W Younkins in “The Purpose of Law and Constitutions” has noted, “The rule of law requires that people should be governed by accepted rules, rather than by the arbitrary decisions of rule


















































































































































































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