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1984 Supreme(Raj) 211

D.L.MEHTA
Devi Shankar – Appellant
Versus
Sub Divisional Officer, Baran – Respondent


Advocates Appeared:
C.K. Garg & G.K. Garg, for Petitioners; M.I. Khan, Government Advocate; Ajay Purohit, Deputy Government Advocate; D.L. Badhadra, Intervenor.

D.L. MEHTA, J.— All the three wings of the State viz., Executive, Judiciary and Legislature are on trial, Judges are on trial. It is expected from the Courts that status quo time bound beurocrate approach should be given a good way People expects that Judges should have activist approach while interpreting the law and applying the law. If we apply the law in a way which may frustrate the object laid down in our Constitution then we are failing the discharge of our duties. Judiciary should always be non-committed. We cannot have . commitment towards the ideology of any political and social groups of parties. We are committed that the law should be applied in a way which is in conformity with the directives given in our Constitution. The preamble of the Constitution reads as under :-

"WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC AND to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity; and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of th


































































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