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1982 Supreme(Gau) 29

B.L.HANSARIA, T.C.DAS
Pratap Chandra Kakati and others; Achyut Kumar Kakati – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
B.Debi, D.N.Choudhury, K.P.Sarma, S.K.Sen

Hansaria, J.:-

"Nothing rankles more in the human heart than a brooding sense of injustice. Illness we can pat up with. But injustice makes us want to pull things down. When only the rich can enjoy the law, as a doubtful luxury, and poor, who need it most, cannot have it because its expense puts it beyond their reach, the threat to the continued existence of a free democracy is not imaginary but very real, because democracy's very life depends upon making the machinery of justice so effec­tive that every citizen shall believe in and benefit by its impar­tiality and fairness."

The above observation of Brennan, J. has more application to this country because of deep poverty here. It was the realization of great social injustice and that too in a forum of jus­tice which must have led to the insertion of Article 39A by the Forty-Second Amendment Act, 1976, in our Constitution. "Equal Justice" bad really been a part of our organic document from its very inception in Article 14 of the Constitution. It is however the liberal interpretation of Article 21 in Mantka Gandhi, AIR 1978 SC 597, which saw fresh thinking on the subject of legal and by the highest court of the land. It was proclaimed























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