tag:blogger.com,1999:blog-15602189.post3103394740343728103..comments2023-09-21T16:17:51.838+05:30Comments on Law and Other Things: Supreme Court's CBI judgmentAnonymoushttp://www.blogger.com/profile/09348738084817273397noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-15602189.post-72784394235453704972010-02-27T19:36:57.702+05:302010-02-27T19:36:57.702+05:30All this legal analysis is fine...but are we for a...All this legal analysis is fine...but are we for a moment suggesting the courts shut their eyes to manifest injustice like Gujarat riots or Sorahbuddin encounter and not handover cases to outside state police agencies like CBI or an SIT?Pranav Sachdevahttps://www.blogger.com/profile/03039589469816306633noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-84635031777392285062010-02-26T17:56:45.326+05:302010-02-26T17:56:45.326+05:30As pointed out by Dr. Dhavan and Venkatesan, this ...As pointed out by Dr. Dhavan and Venkatesan, this decision leaves a lot to be desired. To my mind, the most significant question in this case is to what extent can courts justify interventions in executive action on the basis of judicial review, the nuanced understanding of separation of powers notwithstanding? As Dr. Dhavan writes, the limitations on the exercise of this power provided in the closing paragraphs of this judgment provide enough leeway for wide interference and really serve little purpose since the terms used are open-ended and ill-defined.<br />Secondly, I am not for a moment suggesting that courts should whittle down their power of judicial review or constrict the scope of Art. 21. However in exercising this jurisdiction, it must ensure that its actions aid and not hinder the fulfilment of the said rights. A quickfix solution of handing over the investigation to the CBI, cannot guarantee such fulfilment. Further, taking the investigation out of the hands of the West Bengal police in such circumstances, is tacit resignation to the hopeless inefficacy of the state police. Through its orders, the courts, to the extent possible, must chart a course which curbs this inefficacy, through constant monitoring of the process of investigation or such like, rather than resign to a hapless state of affairs. And if it is so resigned, it must at least pass an order which is legally sound.Ajathttps://www.blogger.com/profile/00649485393629833863noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-84573479020561031812010-02-26T15:18:33.685+05:302010-02-26T15:18:33.685+05:30this is but a placebo, when the real medicine that...this is but a placebo, when the real medicine that was needed was genuine prosecutorial reform and independence.Tarunabh Khaitanhttps://www.blogger.com/profile/07234574402062317396noreply@blogger.com