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(Guest)

What can we do, if our Orders are not obeyed; Apex Court

WHAT can we do, if our Orders are not obeyed; says Apex Court

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New Delhi, Aug 3

Hearing a plea seeking arrest of a politician's musclemen, the Supreme Court Tuesday said policing is not a part of its mandate and it could not help if its orders were not being executed by the law enforcing agencies.

"If our orders are not being obeyed, then what can we do? We are not police," said an apex court bench of Justice Markandey Katju and Justice T.S. Thakur.

The bench was disposing a petition seeking enforcement of its earlier order directing the arrest of alleged musclemen of former Rashtriya Janata Dal (RJD) MP and Bihar's criminal-turned-politician Rajesh Ranjan alias Pappu Yadav.

The petitioner Rabinder Nath Singh moved the apex court seeking direction for enforcement of its earlier order by which it had cancelled the bail of Pappu Yadav and had said that he should be taken into custody forthwith.

On May 3, the apex court cancelled the bail of Pappu Yadav who was earlier granted bail by the Patna High Court.

Appearing for the petitioner, senior counsel Amarendra Saran asked the court to issue direction for the immediate arrest of Pappu Yadav. He told the court that Pappu Yadav was absconding and the court should order his arrest.

At this, Justice Katju said that judges of the Supreme Court do not have a magic wand and could not be expected to do everything for the execution of their directions.

Justice Thakur said the petitioner could also move the high court for the implementation of the apex court's direction.

The bench asked the petitioner to approach the competent authority which would "do the needful" for the execution of the apex court's May 3 order directing the arrest of Pappu Yadav."

Source: https://www.prokerala.com/news/articles/a156133.html



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 5 Replies

valentine (Advocate)     18 August 2010

It is indeed pitiable and makes the mockery of court orders. The court's orders must be obeyed as a rule and there must be strict rules against contempt of court order. If it is not so then there will be a jungle law raging throughout our country. I have faced such situation in many of my money suits and recovery cases. The procedure for execution is so lengthy, complicated and cumbersome that the lawyers is completely exhausted and avoid taking such cases next time. When the order of the court is not honoured where is its respect and awe? Such orders become a laughing stock for the offenders.

1 Like

(Guest)

the apex court has only certified what the every normal person has experience. Now the experience of ordinary person is in writing by apex court.

Earlier CJI has warned of judicial revolt and advised litigants to settle the dispute outside court.

Now another verdict..............................and many to follow

Now one shoud remember before going to court that " court case is a luxary which only few can afford"

Going to court is like entering into internet. No body know what shall be the last website and from where he entered the website.

like www the court cases are ccc (court case complex)

shiv (lawyer)     20 August 2010

waht makes agood judiciary is not a good judge alone but a judge with back bone thats why they say policing must be brought under the judiciary or judiciary must have its own enforcing servants if the orders are to be enforced

PVG Satish (None)     30 August 2010

I think the observations made by the judge are unfortunate.

Such kind of apathy by the courts/judges will only make common man lose faith in the system. To him, SC epitomizes justice. The courts cannot wash their hands off by just writing out their judgements. They must ensure that their decisions are implemented by all means.

valentine (Advocate)     30 August 2010

The rules are fine and looks very attractive when read, but enforceability of the same is extremely poor. If one has the gun but no ammunition, what's the use of such a gun? The judiciary should be provided with more teeth and no order should be allowed to go disobeyed. Since the inception of the legal system this has been the cry in the wilderness. The time has come now when concerted efforts are required both on the part of the judiciary/Government and the general public.


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