Law in Theory and Practice: Both Way Discretionary
in India? Why?
– Balbir Singh Sooch
Supreme Court of India,
New Delhi-110 201 (India)
Subject: Law in Theory and Practice: Both Way Discretionary in
India? Why? By: Balbir Singh Sooch*
The way Learned Judges has to say honestly interpreting Law within
the constitution of India, the conclusion from the conclusions of
their Judgments, can safely be drawn and inferred that the Law in
theory and practice, both way is discretionary in India.
Then, where does the confusion prevail in interpreting Laws, enacted
within the constitution of India or in interpreting the constitution
of India? Why?
The implementation of law and the Judgments of the courts including
the Judgments of Apex court of India is further complimented matter
to easily answer in the present system, if someone experienced and
understands about the ground realities fully in India, know it very
When Learned Judges, while delivering and concluding their Judgments
feel always to mention or language to that effect that ‘we are
called upon to decide on an evolving jurisprudence, which India has
to its credit-praise, recognition, acclaim, glory, tribute, good
name, repute, standing, status, esteem, prestige, honor, character,
belief, acceptance and trust minus from blame and disbelief for
being at the forefront-front position of the global-worldwide legal
Though each world demands further interpretation like word,
‘character’ can be used in relation to different
expressions-language, words, terms and so on as word ‘credit’ used.
Similar-related are the positions of law and the constitution of
After this brief background, it will be more proper to come the
subject, ‘Law in Theory and Practice: Both Way Discretionary in
Main, hard and bold question arises in the context to the present
system of India, whether the governments, police, civil servants:
States machinery supposed to maintain law and order independently
and or in connivance with each other or with help of so named
criminals operating law internally, silently and factually in
connivance with the governments, police, civil servants: States
machinery in India?
From this, main, hard and bold question, further many more
sub-questions arise, are known to or supposed to be in the
knowledge of the governments, police, civil servants: States
machinery especially in knowledge of judiciary of India also.
The Learned Judges of the courts including the Apex court of India
do always try to give hint and to point out drawbacks to the
governments, police, civil servants: States machinery in the system
in India, though cautiously, but not boldly, seems subject to with
the idea of escapism-pastime, diversion, getting away from, dodging,
leisure activity, avoidance and distraction-anxiety.
For example, take up the cases of commuting sentences of victims of
adverse circumstances and the mercy in cases of the death sentence
“The Apex court of India, while deciding number of mercy petitions
recently held without going into detail of the Judgment that ‘Mercy
jurisprudence is a part of evolving standard of decency, which is
the hallmark of the society; Certainly, a series of Constitution
Benches of this Court have upheld the Constitutional validity of the
death sentence in India over the span of decades but these judgments
in no way take away the duty to follow the due procedure established
by law in the execution of sentence.
Like, when the death sentence is passed lawfully, the execution of
the sentence must also be in consonance with the Constitutional
mandate, go-ahead, reign and order, and not in violation of the
constitutional principles’ committing delay at Will, motivation,
motive and for some purpose and incentive -revengefully.
The execution of the sentence must also be in consonance with the
Constitutional mandate; go-ahead, order, command, reign and not in
violation of the constitutional principles” as explained above.
In the Judgment, in a very decent manner, the Hon’ble Apex court of
India tried to realize the elected representatives (tyrants-
Actively taking as active part in State Terrorism) involved in
violation of the constitutional principles, and seems clearly said
to be including all law-makers, the executive along with complete
States machinery and such guilty in India and outside.
When, the Hon’ble Apex court of India directs and mentions, ‘Mercy
jurisprudence is a part of evolving standard of decency, which is
the hallmark of the society’, what does it mean for the elected
To my mind, the Hon’ble Apex court of India does it mean that the
elected representatives (tyrants) involved in violation of the
constitutional principles are, ruling, acting and working in
violation of politeness, decorum, civility, morality, modesty,
respectability, uprightness, integrity and honesty, but following
incivility as a whole throughout in India and outside.
What else can be said to the elected representatives (tyrants as
stated above), though exceptions cannot be ruled out therein also,
who matter by the Hon’ble Apex court of India?
“The Hon’ble Apex court of India did not wish to stop, further here
only to educate the elected representatives (tyrants as stated
above) and reminded them for refreshing their memory that ‘It is
well established that exercising of power under Article 72/161 by
the President or the Governor is a constitutional obligation and not
a mere prerogative.
Considering the high status of office, the Constitutional framers
did not stipulate any outer time limit for disposing the mercy
petitions under the said Articles, which means it should be decided
within reasonable time. (Considering the high status of office, the
Constitutional framers did not stipulate any outer time limit for
disposing the mercy petitions under the said Articles, the Hon’ble
Apex court of India meant to say that you the elected
representatives (tyrants as stated above) undermined the high status
of office contrary to the presumption of the Constitutional
However, when the delay caused in disposing the mercy petitions is
seen to be unreasonable, unexplained and exorbitant, it is the duty
of this Court to step in and consider this aspect. Right to seek for
mercy under Article 72/161 of the Constitution is a constitutional
right and not at the discretion or whims of the executive.
“AN IMPORTANT SUBMISSION: It should not be considered out of the
context, the submission of mine-author of this note before the
Hon’ble Apex court of India, to ask detail of such all cases
irrespective of the cases whether the mercy petitions filed or not?
Here not means may be for untold and unseen reasons like undue
pressure and influence by way of tutoring by the hidden secret
agencies in violation of the constitutional principles and also
committing delay at Will, motivation, for some motive and for
some purpose and incentive-revengefully etc
Because the monthly visits of District and Sessions, Judges to their
respective District Jails to meet the victims among the convicts
and under- trials, do not serve much purpose satisfactorily for
number of reasons as the author of this note personally noticed
and experienced as it shall not be proper to elaborate now as
personally experienced in Jail.
Like, ‘The Truth finding Committee of Victims in Indian Jails’
comprising some upright personalities (not at all related directly
or indirectly also with victims concerned) could be set up to
ascertain the truth about the mind of victims.
It must be considered as an important submission in the interest of
fair play and justice for safeguarding the victims of adverse
circumstances from the present system prevailing in India,”
SUBMISSION BY BALBIR SINGH SOOCH.”
“Every Constitutional duty must be fulfilled with due care and
diligence; otherwise judicial interference is the command of the
Constitution for upholding its values,” the Hon’ble Apex court of
India specifically pointed out and tried to taught as what ought to
be the pious functions and duties of ‘THE HIGH STATUS OF OFFICE
UNDER THE CONSTITUTIONAL PRINCIPLES’ IN INDIA?
Remember, retribution-revenge, reprisal and vengeance has no
Constitutional value in our largest democratic country. In India,
even an accused has a de facto protection under the Constitution and
it is the Court’s duty to shield and protect the same. Therefore, we
make it clear that when the judiciary interferes in such matters, it
does not really interfere with the power exercised under Article
72/161 but only to uphold the de facto protection provided by the
Constitution to every convict including death convicts, the Hon’ble
Apex court of India clarified”.
Here, ‘The Hon’ble Apex court of India’ did mean clearly that ‘THE
HIGH STATUS OFFICE’ is not functioning ‘UNDER THE CONSTITUTIONAL
PRINCIPLES’ IN INDIA. But proving all in vain due to the inaction of
the elected representatives (tyrants) involved in violation of the
constitutional principles by all means.
Clarified to whom! To ‘THE HIGH STATUS OF OFFICE UNDER THE
CONSTITUTIONAL PRINCIPLES’ IN INDIA and to States machinery, who is
holding and conducting the Elections in connivance with ‘The
tyranny of the unelected tyrants and the tyranny of the elected
tyrants faced by people in India’ and with their help by
patronizing them so far as the Sikh Vichar Manch experienced and
The author of this note, bow his head before the Hon’ble Judges
of ‘THE SUPREME COURT OF INDIA, P. SATHASIVAM, CHIEF JUSTICE OF
INDIA, RANJAN GOGOI, JUSTICE, SHIVA KIRTI SINGH, JUSTICE who
decided ‘WRIT PETITION (CRIMINAL) NO. 55 OF 2013 at NEW DELHI; on
JANUARY 21, 2014 and daringly pointed out the functions and duties
of ‘THE HIGH STATUS OF OFFICE UNDER THE CONSTITUTIONAL PRINCIPLES’
AS HOW TO FUNCTION WITHOUT ANY DELAY AND WITHOUT VIOLATION OF THE
CONSTITUTION OF INDIA.
As now, fifty seven (57) gangs of hardcore criminals are said to be
in action, who spoiled such innocent, unemployed, poorly educated
boys and converted them into such gangs to bring a bad name to
Punjab and at whose instance and with whose shelter and knowledge,
the gangs are operating to terrorize the people in Punjab? Why?
Obviously; Such gangs are hired and remain standby to commit any
crime under the shadow of some bunch of Police, politically
motivated presently by the selected leaders from the traditional
parties as usual-to commit crimes on their behalf silently and now
AKALI—BJP parties includes the present government of Punjab seem
topper and leading in the matter and the menace is dangerously
grave and going to be more serious and grave during the coming days
due to the Assembly Elections of Punjab-2017 in order to prevent
the Aam Aadmi Party (AAP) to come to power genuinely and
The parole jumpers are considered more dangerous as they were found
guilty of a crime. Another category of fugitives is that of
proclaimed offenders. They are the ones who have jumped bail or were
never arrested are being said as reported.
About 20,000 in Punjab as reported, likely to be as a reserve force
to be used before and during the Assembly Elections of Punjab-2017
by the traditional parties against the Aam Aadmi Party (AAP) to
prevent it from coming to power for clean administration and welfare
of people of Punjab genuinely and democratically.
Under the present prevailing circumstances and in view of the
decision given in ‘WRIT PETITION (CRIMINAL) NUMBER 55 OF 2013 at
NEW DELHI; on JANUARY 21, 2014 as concluded by the Apex court of
India, can people of India expect for hope of ‘ MATURE DEMOCRACY TO
FUNCTION AND ‘RULE OF LAW IN INDIA’ TO PREVAIL?
*An Advocate, at New District Courts, Ludhiana.
PRESIDENT OF INDIA IS SURE TO MAKE HISTORY BEFORE HIS TERM EXPIRES
CLICK TO ALL LINKS BELOW TO READ COMPLETELY ALL: THANKS