SHIV SENA CASE: LEGAL Vs MORAL ISSUES

The much-awaited verdict on two warring groups of the ShivSena party, one led by the scion of its founder late BalasahebThakre, UddhavThakre and another by the rebel Eknath Shinde has finally been delivered by the Supreme Court.

Apparently, the verdict also engulfs other state players such as, the Governor of Maharashtra, Speaker of the Maharashtra state legislative Assembly and other administrative organs of the state.

The apex court while finding faults with the manner in which the most contentious issue of majority in the Assembly was dealt with has in no uncertain terms declared that the procedure followed was not as per established law and precedents.

At the same time, the court has expressed its inability to reinstate UddhavThakre as the Chief Minister because he had resigned voluntarily even before testing his party's majority on the floor of the house.

Therefore, both the groups claim their moral victory. The Uddhav group says that it relinquished power without waiting for the floor test on moral grounds. At the same time, Eknath group retorts the claim of moral grounds by saying that the Uddhav group read the writings on the wall that it would be defeated on the floor of the house, and therefore, in the pre-emptory move resigned. The Shinde group also claims its victory on the moral grounds.

The maxim that the justice not only should be done, but it should also appear to have been done fits well in the instant case.

But one fails to understand what prevented the Apex court from reinstating UddhavThakre as the Chief Minister, particularly the highest court of the land enjoys vast power including the one under Article 142 of the Constitution of India.

Here, an important legal point too, deserves to be considered. It is, between the legal issues and the moral issues which one shall be preferred. Obviously, if an act is done or not done on the basis of moral grounds, no legal technicalities should be allowed to overshadow the moral grounds. Further, when the apex court has itself concluded that the Governor and Speaker exceeded their powers in this ticklish issue, the apex court ought to have exercised its Constitutional powers and reinstated the Uddhav group.

PAK SC ON TRIAL!

Pakistan which has a past record of bloody coups and military rule is today on the verge of collapse once again.The government and military on one side and dethroned prime minister Imran Khan and the Supreme Court on the other are fiercely engaged in a tug of war.

While in the first round Imran Khan and Supreme Court have seemingly won with the latter granting reprieve to Imran Khan, but many more rounds are still in the waiting.

At any rate, it is apparent that ultimately the government supported by the military and civilian police will emerge victorious.

The lofty concept of the Rule of Law and adherence to the Constitution are unlikely to tame ruthless state power with the mighty support of military.

It is quite possible that finally military may be successful in çalling the shots as it had done in the past.

TIME TO PONDER

A Constitution bench of the Apex court while disposing of the long pending petition filed by the Aam Admi Party ruled Delhi state government has without mincing words made it clear that the elected government and not the Lieutenant Governor who is a central government appointee will have powers in the service matters.

The Supreme Court in the ShivSena case in its recently delivered Judgement has come down heavily on the ultra vires acts of the Governor, who is supposed to be an apolitical. And this is not an isolated case.

The history is replete with the incidents of Governors openly taking side against the state government, thereby lowering the reputation of gubernatorial post.

Indeed, now the time is ripe to review the need and relevance of the political refugees sheltered in Raj Bhavans at the hard-earned money of the people!

P&H-HC POUNDS PUNJAB COPS

In a much-publicised case of an arrest and subsequent release on the interim bail of a television journalist, Bhawna Kishore and twoof her colleagues, the Punjab and Haryana High Court came down heavily on the police of the Punjab state.

Justice Augustine George Masih while granting interim bail to the driver and cameraman of the Times Now television channel in the case titled, Bhawna Gupta and Others Vs. State of Punjab observed that the police and subsequently the trial court had passed the arrest orders in a mechanical manner. Such behaviour is in gross violation of Art.14 & 21 of the Constitution, the court added. The matter now stands adjourned to May 22.

PORTUGAL ENACTS EUTHANASIA LAW

After a prolonged fierce debate which divided the Christian population the Portugal parliament adopted a bill permitting euthanasia in certain exceptional circumstances.

The law on euthanasia states that permission for euthanasia may be granted to a person above the age of 18 years suffering with a prolonged incurable disease or pain in exceptional circumstances.