The Supreme Court in the Bilkis Bano judgment on January 8 held that personal liberty gained through the breach of law cannot be protected.
A Bench headed by Justice B.V. Nagarathna said that the rule of law was quintessential for personal liberty or any other fundamental right to exist and flourish.
In a message to the judiciary, Justice Nagarathna, who is in line to be the first woman Chief Justice of India according to the seniority norm, emphasised that “those concerned with the rule of law must remain unmindful and unruffled by the ripples caused by it”.
“Rule of law does not mean protection to a fortunate few. The very existence of the rule of law and the fear of being brought to book operates as a deterrent to those who have no scruples in killing others if it suits their ends,” the judge observed.
The Bench was dealing with a plea by the convicts to invoke its extraordinary powers under Article 142 of the Constitution to let them remain free despite the cancellation of the order for their remission in August 2022.
“Article 142 of the Constitution cannot be invoked by us in favour of respondents to allow them to remain out of jail as that would be an instance of this court’s imprimatur to ignore rule of law and instead aid persons who are beneficiaries of orders, which in our view, are null and void and therefore non est in the eye of law,” Justice Nagarathna reasoned.
The judge said the “courts have to dispense justice and not justice being dispensed with”.
“In fact, the strength and authority of courts in India are because they are involved in dispensing justice. It should be their life aim,” Justice Nagarathna observed.
The judge said there is no room for compassion or sympathy when the rule of law has to be enforced. The courts should be dispassionate, objective and analytical.
Everyone within the framework of the rule of law must accept the system, render due obedience to orders made and in the event of failure of compliance, the rod of justice must descend down to punish, Justice Nagarathna stressed. eom
