SUPREME COURT OF INDIA
K.S. RADHAKRISHNAN,DIPAK MISRA
RASHMI REKHA THATOI – Appellant
Versus
STATE OF ORISSA . – Respondent
Crl.A. No.-000750-000750 / 2012
04-05-2012
REKHA PANDEY
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JUDGMENT
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL
APPEAL
NO.
750
OF
2012
(Arising out of S.L.P. (Criminal) No. 7281 of 2011
Rashmi Rekha Thatoi & Anr.
... Appellants
Versus
State of Orissa & Ors.
... Respondents
WITH
CRIMINAL
APPEAL
NO.
751
OF
2012
(Arising out of S.L.P. (Criminal) No. 7286 of 2011
J U D G M
E N T
Dipak
Misra,
J.
Leave granted in both the petitions.
2.
“Liberty is to the collective body, what health is to every
individual body. Without health no pleasure can be tasted by
man; without Liberty, no happiness can be enjoyed by society.”
Thus spoke Bolingbroke.
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JUDGMENT
2
3.
Liberty is the precious possession of the human soul. No
one would barter it for all the tea in China. Not for nothing
Patrick Henry thundered:
"Is life so dear, or peace so sweet, as to be
purchased at the price of chains and slavery?
Forbid it, Almighty God ! I know not what course
others may take, but as for me, give me liberty,
or give me death !"
The thought of losing one's liberty immediately brings in a
feeling of fear, a shiver in the spine, an anguish of terrible
trauma, an uncontrollable agony, a penetrating nightmarish
perplexity and above all a sense of vacuum withering the very
essence of existence. It is because liberty is deep as eternity and
deprivation of it, infernal. May be for this protectors of liberty
ask, "How acquisition of entire wealth of the world would be of
any consequence if one's soul is lost?" It has been quite often
said that life without liberty is eyes without vision, ears without
hearing power and mind without coherent thinking faculty.
4.
Almost two centuries and a decade back thus spoke
Edmund Burke: -
“Men are qualified for civil liberty, in exact
proportion to their disposition to put moral
chains
upon
their
own
appetites;
in
proportion as their love to justice is above
their
rapacity;
in
proportion
as
their
soundness and sobriety of understanding is
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JUDGMENT
3
above their vanity and presumption; in
proportion as they are more disposed to listen
to the counsel of the wise and good, in
preference to the flattery of knaves. Society
cannot exist unless a controlling power upon
will and appetite be placed somewhere and
the less of it there is within, the more there
must be without. It is ordained in the eternal
constitution
of
things
that
men
of
intemperate minds cannot be free. Their
passions forge their fetters.”
5.
Similar voice was echoed by E. Barrett Prettyman, a retired
Chief Judge of U.S. Court of Appeals:-
“In an ordered society of mankind there is no
such thing as unrestricted liberty, either of
nations or of individuals. Liberty itself is the
product restraints; it is inherently a composite
of restraints; it dies when restraints are
withdrawn. Freedom, I say, is not an absence
of restraints; it is a composite of restraints.
There is no liberty without order. There is no
order
without
systematized
restraint.
Restraints are the substance without which
liberty does not exist. They are the essence of
liberty. The great problem of the democratic
process is not to strip men of restraints
merely because 'they are restraints. The great
problem is to design a system of restraints
which will nurture the maximum development
of man's capabilities, not in a massive globe of
faceless
animations
but
as
a
perfect
realization, of each separate human mind,
soul and body; not in mute, motionless
meditation but in flashing, thrashing activity.”
6.
Keeping the cherished idea of liberty in mind, the fathers of
our Constitution engrafted in its Preamble: "Liberty of thought,
expression, belief, faith and worship." After a lot of debate in the
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JUDGMENT
4
Constituent Assembly, Article 21 of the Constitution came into
existence in the present form layi