(2018 )CCR202 (SC ), 2018 INSC 617 , (2018 )7 MLJ350 , 2018 (3 )RCR(Civil)725 , 2018 (9 )SCALE4 , (2018 )9 SCC501 , 2019 (3 ) SCJ 117 , [2018 ]9 SCR291 , ,MANU/SC/0738/2018Dipak Misra#A.M. Khanwilkar#D.Y. Chandrachud#314SC4520Judgment/OrderAIR#AWC#CCR#INSC#MANU#MLJ#RCR (Civil)#SCALE#SCC#SCJ#SCRDipak Misra,SUPREME COURT OF INDIA2018-7-19Solitary confinement,Punishments,Maximum sentence,Punishments,Kidnapping,Offences Affecting the Human Body,Culpable homicide,Offences Affecting the Human Body,Assault,Offences Affecting the Human Body,Force,Offences Affecting the Human Body,Murder,Offences Affecting the Human Body,Indian Penal Code16939,573336,265572,79712,17244,17245,107472,16436,16918,15952,16116,16551,15953,107470 -->

MANU/SC/0738/2018

True Court CopyTM English

IN THE SUPREME COURT OF INDIA

Writ Petition (Civil) Nos. 754, 764, 768 of 2016, 732 of 2017 and Writ Petition (Criminal) No. 122 of 2017 (Under Article 32 of the Constitution of India)

Decided On: 17.07.2018

Appellants: Tehseen S. Poonawalla Vs. Respondent: Union of India (UOI) and Ors.

Hon'ble Judges/Coram:
Dipak Misra, C.J.I., A.M. Khanwilkar and Dr. D.Y. Chandrachud

JUDGMENT

Dipak Misra, C.J.I.

1. Law, enacted for the benefit of the society by conferring rights on the citizens and to regulate social behaviour in many a sphere, is required to be implemented by the law enforcing agencies and the citizens are duty bound to follow the law treating it as sacred. Law has to be regarded as the foundation of a civilized society. The primary goal of law is to have an orderly society where the citizenry dreams for change and progress is realized and the individual aspiration finds space for expression of his/her potential. In such an atmosphere while every citizen is entitled to enjoy the rights and interest bestowed under the constitutional and statutory law, he is also obligated to remain obeisant to the command of law. It has been stated in Krishnamoorthy v. Sivakumar and Ors.   MANU/SC/0108/2015 : (2015) 3 SCC 467, "the law, the mightiest sovereign in a civilized society". The majesty of law cannot be sullied simply because an individual or a group generate the attitude that they have been empowered by the principles set out in law to take its enforcement into their own hands and gradually become law unto themselves and punish the violator on their own assumption and in the manner in which they deem fit. They forget that the administration of law is conferred on the law enforcing agencies and no one is allowed to take law into his own hands on the fancy of his "shallow spirit of judgment". Just as one is entitled to fight for his rights in law, the other is entitled to be treated as innocent till he is found guilty after a fair trial. No act of a citizen is to be adjudged by any kind of community under the guise of protectors of law. It is the seminal requirement of law that an Accused is booked under law and is dealt with in accordance with the procedure without any obstruction so that substantive justice is done. No individual in his own capacity or as a part of a group, which within no time assumes the character of ........