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No arrest without fair procedure, Parliament can’t make such law: SC
New Delhi, May 16 (IANS) The Supreme Court on Wednesday said that no one can be arrested without adoption of a fair procedure and that not even Parliament can make such a law, insisting that Article 21 of the Constitution on right to life and liberty has to be read in every provision of law having a bearing on the liberty of people.
“No Parliament can allow the arrest without fair procedure,” said a bench of Justice Adarsh Kumar Goel and Justice Uday Umesh Lalit while pointing out that the principle of reasonableness propounded in the Maneka Gandhi case is applicable to all situations.
“If a person can be put in jail without a fair procedure, then it is just that we are not living in a civilised society,” said Justice Goel.
The court was hearing the Centre’s plea for recall of its March 20 judgment wherein it said that there would not be arrest of a person against whom a complaint has been filed under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act without preliminary inquiry.
The bench, by the said judgment, had issued several directions for preliminary inquiry before an FIR is lodged and action is taken on a complaint about atrocities under the Act.
The court said that the goal of a just society and fair procedure go together and can’t be seen separately and that no one can be arrested without a fair procedure and even Parliament can’t frame such a law.
The court’s observation came as Attorney General K.K. Venugopal tried to impress upon the court that what has been said in the judgment amounted to reading law into an existing statue, which can’t be done.
The AG said that the top court can fill in the gaps in an existing law but can’t add to its provision that has a bearing on its working. To buttress his point, the Attorney General took the court through its judgment in the Supreme Court Bar Association vs Union of India case.
Justice Lalit pointed to the complete machinery that was created by the top court for scrutinising the claim of a person seeking benefits of reservation under the SC/ST category.
As Venugopal said that he would require some more time to complete his arguments and Additional Solicitor General Tushar Mehta said that he would require three hours to place his case before the court, the hearing was adjourned to after the summer vacations starting from Monday.
In the last hearing on May 3, the Attorney General had told the bench that its judgment amounted to an exercise in law-making.
He urged the court to refer the matter to a larger bench on the question whether the top court can issue directions, guidelines or mandamus contrary to the provision of existing laws.
The Centre has said that the March 20 judgment was contrary to the provision of the SC/ST Act and amounted to whittling down of the stringent provisions.
The central government moved the top court for a review of its March 20 judgment that had led to protests, including by lawmakers, who felt that the Supreme Court verdict had diluted the Act.
–IANS
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Dr. Abhishek Verma Dedicates a Shelter in Memory of His Mother, Veena Verma, at KGMU; Inaugurated by Daughter Nicolle Verma
World-renowned business tycoon Dr. Abhishek Verma has supported Foodman Vishal Singh’s Hunger-Free World mission. In memory of his mother, Late Veena Verma, who was a 3 term Rajya Sabha MP.
Dr. Verma dedicated a state-of-the-art free permanent shelter for the attendants of patients at KGMU Medical University, Lucknow, under the aegis of Vijay Shree Foundation. His daughter, Nicolle Verma, inaugurated the shelter.
During the event, Foodman Vishal Singh honored Nicolle Verma by presenting her with a memento. Mrs. Nidhi Sharma and Avantika Yadav, associated with the organization, welcomed her with garlands. Following this, Nicolle Verma distributed essential items to the attendants and also handed out fruits. She became emotional remembering her grandmother on her birth anniversary.
On this occasion, she also inaugurated the “Veena Verma Sevalaya” in memory of her grandmother, Veena Verma, to serve the attendants. She expressed, “I feel proud that my family is engaged in nation-building as well as social service. Today, in collaboration with Vijay Shree Foundation founder Foodman Vishal Singh Ji, I feel immensely proud to dedicate this shelter for the poor, helpless, and needy attendants of patients battling serious illnesses like cancer. I am honored to be associated with the Hunger-Free World Mission for humanity.”
Inspired by the continuous humanitarian service provided by Vijay Shree Foundation over the past 17 years, Nicolle Verma donated 10 lakh rupees to support the cause. The purpose of this donation is to ensure that services continue for the needy attendants of patients suffering from severe illnesses in hospitals, as facilitated by Foodman Vishal Singh.
It is noteworthy that Dr. Abhishek Verma’s family has a legacy of public and philanthropic service. They are helping millions to carry forward the values and service work of their parents. On the occasion of his mother’s birth anniversary, Dr. Abhishek Verma dedicated this state-of-the-art permanent shelter at Lucknow Medical College to serve the attendants of patients through the Vijay Shree Foundation.
Supporting Foodman Vishal Singh’s Hunger-Free World mission, Dr. Abhishek Verma assured that he would continually support keeping this flame of humanity alive. He also promised to assist in providing medicines to the helpless patients.
Continuing her grandmother’s legacy of service, Nicolle Verma personally served food to the needy patients and attendants. She said, “It is our good fortune to have received the joy of doing this noble work today through Foodman Vishal Singh. I have taken another step forward in carrying my family’s values and cooperation by joining hands with the Vijay Shree Foundation. My father taught me to serve and help the needy, and I feel happy when I bring a smile to someone’s face.”
On the birth anniversary of the late Veena Verma, the event organizer, Vijay Shree Foundation founder Foodman Vishal Singh, said, “We feel proud and happy that Dr. Abhishek Verma, a globally renowned business tycoon, has extended his support to uplift our country from the hunger index. Today, on his mother’s birth anniversary, he inaugurated a state-of-the-art permanent shelter at Lucknow Medical College, which will always be helpful for the needy attendants of patients. It is a pleasure for me and the organization to receive the affection of Mr. Verma.”
The event was attended by General Manager Verma Family Office Hemant Garg, Sonu Rajput, and the organization’s volunteers, including Sandeep Singh, Parmeshwar Ji, Prashant Rao Gautam, Balram Singh, Ramesh Chaudhary, Suman, Jeetu, Anil, Suraj, Vinay, Manish Bhadauria, Manas Mehrotra, Vivek, Apurv, Happy, and others.