SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2005 Supreme(Gau) 302

IN THE HIGH COURT OF GAUHATI
Iqbal Ahmed Ansari, J.
Sumeet Enterprises – Appellants
Vs.
Union of India and Ors. – Respondent
W.P. (C) Nos. 393, 399, 417, 418, 442, 958 and 1020 of 2005
Decided On: 08.04.2005

Advocates Appeared:
For Appellant/Petitioner/Plaintiff: N. Dutta, M.M. Kataki, A. Saran, S. Kataki, A.M.B. Baruah, R.K. Pradhan and A.B. Choudhury, Advs.
For Respondents/Defendant: A. Saran, A.K. Singha, K.P. Pathak, P.K. Musahari, M.Z. Ahmed and A.K. Bora, Advs.

JUDGMENT

Iqbal Ahmed Ansari, J.

1. We are all living in an information age, where business and ideas are being made and exchanged not only between human beings, but also between giant computers and data processing machines. Internet, by connecting the producer of goods with the ultimate consumers, has totally changed the method in which business is done. Concepts like e-banking, e-commerce and e-education have not only revolutionized the system of doing business, but have also widened its ambit considerably. The world, today, has virtually shrunk to a global village.

2. Changes did take place even in the past; but the pace was relatively slow and man had time to adjust himself to the new conditions. In recent years, however, the pace of change has been amazingly swift and it has been difficult for many of us to adjust ourselves to this ever-changing situation. The result is reflected in the shape of unique and virgin problems cropping up almost everyday in various spheres-political, economic and legal.

3. Same, as civilization, economics is a movement and not a condition; it is a voyage and not a harbour. One must, however, bear in mind that economics, same as, civilization, begins with order, grows with liberty and dies in chaos.

4. Science, as Pandit Jawaharlal Nehru said, has two faces like Janus-destructive, on the one hand, and constructive as well as creative, on the other. Though both have gone on side by side and both still go on, no one knows, who will, ultimately, triumph. The use of science and technology may bring peace and prosperity for people; but mindless use of science and technology may lead to disorder and destruction of the society. While befriending science and adopting scientifically advanced technology, State or its instrumentality cannot act in an arbitrary manner and uninformed of reasons. Computer, as the American Library Association, defines, is only a fast idiot, it has no imagination; it cannot originate action. It is, and will remain, only a tool to man. It is clear that 'computer' is, ultimately, a tool in the hands of men and it is for the men to decide how to use such a tool. Misuse of computer, like any other tool, may not bear the fruit, which the tool is expected to yield.

5. It is but natural for the State to keep pace with time and change its economic policy in tune with the global developments in the field of economics. It is also but natural that the State takes advantage of modern and scientifically developed technology for better economic growth. While changing its economic policy or making use of science and technology, though the State must have freedom, its policy cannot go wholly against the well-being of the people, in general, nor can the State, in order to protect or make one of its instrumentalities, such as Coal India Ltd, survive, refuse to consider or keep its eyes closed from the necessity to secure the well-being of the people at large. State must strike a balance between the need to develop and the duty to protect and ensure well-being of the people. The people, in the north-east, largely suffer from a feeling of neglect by the Central Government. This feeling may or may not be well- founded, but the existence of such a psyche cannot be disputed, ignored or disregarded, for, doing so would lead to greater sense of neglect, alienation and frustration. The preamble to the Constitution guarantees to all of us development and equality of treatment in matters of even economic policies.

6. The object of a policy, be commercial or otherwise, may be very laudable; but the manner and method, which is adopted, for formulating the policy must withstand the tests under Article 14. Even though the State and its instrumentality, while evolving an economic policy, must be given free hand and the State and its instrumentality must be given, in the method of trial and error', free play in the joints, the process of trial and error', in the realm of commercial policy or transaction, cannot be act





















































































































































































































































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top