LawforAll

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Saturday, January 31, 2015

AsiaNet news reported the speech as follows:- "Today disregarding the verdict of those Judges and flouting their judgments, people throughout the length and breadth of Kerala are organizing public meetings and rallies. Why should those Judges sit in glass houses and pass verdicts any more? If they have any self respect they should resign and step down from their office. The judiciary can attain greatness only when judgments acceptable to the country and obeyed by the people are passed. Today judiciary is the refuge. If the Legislature exceeds its limits there is the judiciary which comes to the rescue. But if the judiciary exceeds its limits who will tether the judiciary. In a democracy people are the supreme. Judges are to interpret the laws and interpret the intention of the Legislature which had made the laws and pass orders accordingly. Unfortunately, what some idiots (fools) occupying our seat of justice say is nothing else." = Having perused the translations of his speech, we are left in no manner of doubt that he intended to lower the dignity of Court, to obstruct and impede its functioning and not merely to criticise its pronouncement which was not to his liking. His conduct leaves him unquestionably guilty of the offence of Contempt of Courts, calling for him to be punished for his illegal act. He has shown no remorse or contrition for his conduct. Instead, he has vainly etymologised the Sanskrit origin of 'sumbhan', fully aware of the fact that in its slang, especially to the rural and rustic persons he was addressing, it conveyed a strong abuse. Judges expect, nay invite, an informed and genuine discussion or criticism of judgments, but to incite a relatively illiterate audience against the Judiciary, is not to be ignored. It was, not the Petitioner's province, as exercising his freedom of speech, to advise that "if those judges have any self respect, they should resign and quit their offices".

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                                                                  REPORTABLE                         IN THE SUPREME COURT OF INDIA     ...
Friday, January 30, 2015

Whether by the alleged action the respondents-Companies directly or indirectly had transferred or parted with their interest/benefit under their respective agreements for licence. Whether the respondents-Companies violated the terms as contained in Clause 4(h) of agreement and Clause 3(p)of their lease deed and Whether the respondents-Companies are liable to pay transfer fee for alleged transfer of its own interest.

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     Whether  by  the  alleged  action  the  respondents-Companies  directly   or indirectly had transferred  or  parted  with  their  int...

as the prosecution has failed to prove the demand of illegal gratification made by the appellant from the complainant and acceptance of the bribe money by the appellant. Further, the phenolphthalein test cannot be said to be a conclusive proof against the appellant, as the colour of the solution with regard to the other samples were pink and had remained so throughout. However, the lime solution in which the appellant's hands were dipped in, did not show the same pink colour. The reason assigned by the Trial Court is that the colour could have faded by the lapse of time. The said explanation of the Trial Court cannot be accepted by us in view of the fact that the colour of the other samples taken by the Investigation Officer after the completion of the trap laid against the appellant had continued to retain the pink colour. Moreover, the sample of the shirt worn by the appellant which was produced before the Trial Court did not show any colour change on the shirt's pocket section, where the bribe money was allegedly kept by him after the complainant had allegedly given him the bribe money. Thus, on a careful perusal of the entire evidence on record along with the statement of the prosecution witnesses, we have to hold that the prosecution has failed to satisfy us beyond all reasonable doubt that the charge levelled against the appellant is proved.

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 NON REPORTABLE                         IN THE SUPREME COURT OF INDIA                        CRIMINAL APPELLATE JURISDICTION    ...