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advocatemmmohan

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since 1985 practicing as advocate in both civil & criminal laws

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Saturday, September 24, 2011

`Liberty’ – the most cherished fundamental right, a basic human right, a “transcendental”, inalienable, and `primordial’ right, should not be put in peril without following the procedure prescribed by law and in a casual and cavalier manner. Instant case is an example where all proceedings in the suit as well as under the Contempt of Courts Act, 1971, (hereinafter called as `Act 1971′), have been taken without adverting to the procedure known in law. =The contempt proceedings being quasi-criminal in nature, the standard of proof requires in the same manner as in other criminal cases. The alleged contemnor is entitled to the protection of all safeguards/rights which are provided in the Criminal Jurisprudence, including the benefit of doubt. « advocatemmmohan

`Liberty’ – the most cherished fundamental right, a basic human right, a “transcendental”, inalienable, and `primordial’ right, should not be put in peril without following the procedure prescribed by law and in a casual and cavalier manner. Instant case is an example where all proceedings in the suit as well as under the Contempt of Courts Act, 1971, (hereinafter called as `Act 1971′), have been taken without adverting to the procedure known in law. =The contempt proceedings being quasi-criminal in nature, the standard of proof requires in the same manner as in other criminal cases. The alleged contemnor is entitled to the protection of all safeguards/rights which are provided in the Criminal Jurisprudence, including the benefit of doubt. « advocatemmmohan