For a self respecting man death is preferable to dishonour
In a landmark judgment delivered by the Supreme Court on November 12, 2008 which we have carried yesterday [2008-TIOL-212-SC-COFEPOSA], Justice Markandey Katju, an authority on Mimansa principles of interpretation, allowed a Writ Petition filed under Article 32 of the Constitution challenging a preventive detention order issued under COFEPOSA.
While the State took an objection that the WP is premature as the detention order is yet to be executed to arrest the person against whom the order was passed, the Court took up the task of explaining the power of High Courts and the Supreme Court to set aside the preventive detention order at the pre-execution stage itself.
The importance of Right to Life under Article 21 of the Constitution was highlighted thus:
“It must be remembered that every person has a fundamental right of liberty vide Article 21 of the Constitution. Article 21, which gives the right of life and liberty, is the most fundamental of all the Fundamental Rights in the Constitution. Though, no doubt, restrictions can be placed on these rights in the interest of public order, security of the State, etc. but they are not to be lightly transgressed”.
Then turning to Bhagavad Gita the Court observed Lord Krishna's sermon to Arjuna:
“For a self respecting man, death is preferable to dishonour".
Every lawyer must acknowledge that the law is not always logical at all.
For full text of the judgement see [] and see our story in Breaking News