When an Army sodier is made accused in False Encounter case, no sanction is needed if Army decides to Court Martial him.

But if Army does not court martial him, then he can be prsecuted in normal courts. But here sanction of Government is necessary before prosecution.

In Case of General Officer of Commanding V/s CBI and ors (2012) 5 SCALE 58 on page 82, Supreme Court observed as under:

“The Legislature has conferred “absolute power” on the statutory authority to accord sanction or withhold the same and the court has no role in this subject”

A POSSIBLE REASON TO PROTECT ARMY SOLDIERS

The judgement is based purely on law and precedents.

But one can visualize, what may be in mind of court and Lesgislature.

Army soldier has to go into terrorist affected area with gun ready in his hand. Every second is crucial. Either he shoots terrorist or he gets shot by terrorist. Suppose in such tense moment, an innocent man jumps on the scene, the trigger by army man gets pulled automatically and an innocent may get killed.

Now if an army man has to constantly live in fear that he may get prosecuted for risking his life and going in terror affected area, then he may not be able to perform his duty with a free mind.

The Lagislature and Court seem right in living such cases in hands of Army officers and Competent Authority. It will not be possible for court to determine such cases, where usually, there are no eye witnesses.

The supreme power of Judicial Review is always invested in courts. But there also role of court is limited to see that proper material is placed before authority or not.

Haresh Raichura
16/6/2012

For many reasons, lawyers have stopped questioning reasonings underlying in Supreme Court decisions.

I had seen a 1935 Bombay Law Report. There…. letters of lawyers questioning reasoning of particular judgements were published.

Today, no Law Report publishes such letters.

Let me see if I can make a humble begining.

PRINCIPLE TO REMEMBER : Supreme Court is not Right because it is right. It is considered RIght, because it is final and no appeal can be filed against its judgement. The judgements can still be wrong. It is healthy to discuss these Final and Last Judgements.

ISSUE AND QUESTION

Lands of Land Owners in villages are taken away forcibly/ Compulsorily under various laws.

If Compensation is not given proper, they can go to Court. At the end of battle, after 30 or soyears, the Courts awards them due payment with 6% interest.

THE QUESTION IS :

Why at 6% only when in market banks are charging 40 to 45% interest on loans and dues?

What is the crime of these illiterate villagers? Why law makers and Courts treat them in this way?

Nobody would like to pay an illiterate village land owner, right amount at time of taking possession, if they have to pay only at 6% interest after 30 years when last court orders?

The question based on Supreme Court case of Godavari Sugar Mills Ltd V/s. The State of Maharashtra , decided on 20 Nov.2011 reported in 2011 (1) SCALE 588

Haresh Raichura
15th June,2012