The Facts are discussed here:
Supreme Court has recently declared two judgments which has been favored by the Bench presided by the Chief Justice of India (CJI) just before his retirement.
The first judgment is: Supreme Court permits Mumbai Dance bars to reopen
The Dance bars which were banned in Maharashtra for 7 years can now run again as the Supreme Court has given the green signal upholding a Bombay high court verdict quashing the state government’s order.
Govt of Maharashtra had in 2005 brought in an amendment in the Bombay Police Act which was challenged in the high court by an association representing restaurants and bars.
The dance bar owners will now have to apply for a license to the government before reopening.
The Second Judgment is: NEET Exam quashed by Supreme Court of India
The NEET is a single entrance-cum-eligibility-test for admission in all medical colleges in India.
A three-judge bench by a 2:1 judgment, Apex Court said that the Medical Council of India had no powers to conduct single entrance examination.
The common aspects in both the judgments are noticed here:
1. Both the verdicts are against the government and are in favour of Private Parties.
2. Both the subjects engage hundreds of Crores Rupees business every year for Private Parties – Dance Bars and Private Colleges who sell MBBS seats on caption.
3. Both the verdicts are not good for general Public at large.
4. Both the judgments ignored the rational of social justice.
In 2-1 Verdict Justice A.R. Dave said he did not share the view of Justices Kabir and Sen. “Holding of National Eligibility Entrance Test (NEET) is legal practical and is the need of the society. Hence, I have dissented,” Justice Dave said.
It can be assumed that whenever the Government want to do something good for the Society as well as the Nation, The Courts of Justice used to function like The Courts of Law ignoring broader spectrum of Social Justice, The basic Preambular concept of The Constitution of India, for the reasons known only to those Judges delivering Verdict.
What are your Views on this?
Do you feel that the judgements are right decisions given by the highest court of India ? Or…. Do you feel mamla Gadbar hai ?
Please use the comments section below
Dr. R Prabhakar
Advocate & Overseas Legal Consultant, High Court of Andhra Pradesh at Hyderabad … INDIA.