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| | The Legal Needs Network is not currently active and cannot accept new posts | | OBITER DICTA | Views: 532 | | Jul 29, 2008 1:02 pm | | OBITER DICTA | # |
charuhasan | | Chennai
Sir,
We all know that the members of the judiciary are also human and may have their own likes and dislikes. There is in one article reported in a Chennai newspaper by Sushanta Talukdar about judgment of Assam High Court under the heading “Bangalseshis” have become Kingmakers of Assam. Honorable Justice Sharma is said to have observed
“They are protected by extending the protective hands of secularism branding them to be minorities in Assam.”
The name of the judge could even denote his leaning towards a sect of religious fundamentalists. Yet the observation is against the principles of Indian constitution by undermining Secularism. Once a person occupies the chair of a justice the impartiality usually is inculcated by seat so occupied. I am reminded of the statement of Manohar Joshi our former speaker of LokSaba who came out with an opinion that in a case tie in the confidence motion,Hon. Somnath Chatterjee is obliged under the constitution to support the government for the sake of Stability. With due respect to the Hon. Justice Sharma of Assam High Court, the observation must be treated as Obiter Dicta, and must be considered for expulsion by the Apex court.
S.Charuhasan
29-7-2008
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