G.R.SWAMINATHAN
Payel Biswas – Appellant
Versus
Commissioner of Police, Trichy City – Respondent
ORDER :
1. After a tiring day trekking in the forest, Lord Rama chose a resting place. He dropped his bow and arrows on the ground. When he woke up the next morning, he found that one of his arrows had fatally pierced a frog. The frog was about to breathe its last. The anguished Rama asked the frog as to why it did not raise an alarm. The innocent frog replied, “when others hurt me, I call your name “Rama Rama”-but when you are the source of trouble-who else can I call?” .
2. Any constitutional democracy (the prefix 'constitutional' is significant. An authoritarian political arrangement can claim to be people's democracy) rests on three pillars. When the individual liberty is threatened by legislative or executive action, one turns to judiciary for relief and remedy. In State of Madras v. V.G.Row (AIR 1952 SC 196), Justice M.Patanjali Sastri, C.J. remarked that the Supreme Court had been assigned the role of a sentinel on the qui vive as regards the fundamental rights. I venture to think that this applies with equal force to every court and not just the constitutional courts.
3. Why such reflections and prefatory remarks? The petitioner herein is running a Spa in the name and style of
State of Madras v. V.G.Row (AIR 1952 SC 196)
S.Kasi vs. State (AIR 2020 SC 2921)
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Govind v. State of MP (AIR 1975 SC 1378)
Navtej Singh Johar and Ors. vs. Union of India (UOI) and Ors. (2018) 10 SCC 1
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