tag:blogger.com,1999:blog-15602189.post5938678729535721392..comments2023-09-21T16:17:51.838+05:30Comments on Law and Other Things: Q&A on Naz Foundation judgmentAnonymoushttp://www.blogger.com/profile/09348738084817273397noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-15602189.post-31468300762009328492009-07-16T23:33:04.839+05:302009-07-16T23:33:04.839+05:30Hi
I dont know where else to post this, hence her...Hi<br /><br />I dont know where else to post this, hence here.<br /><br />There is a matter going on in court 3 (Justice Sinha), where the petitioner hs sued certain hospitals and doctors, for death of his wife because of medical negligence. <br /><br />The Petitioner has been agruing in person for a few days now. He is an NRI and has been litigating for over 12 years now. NCDRC decided against him and hence he is before SC.<br /><br />Point i am trying to make is that the decision in this case, could be an interesting watch, from the latest in medical negligence.<br /><br />Also, the fact that this NRI has had the courage, time and money to litigate for last 12 years..he says he does it for justice and not for money. he wont take a penny out of the country. I found it very commendable.<br /><br />Hence, this mention.Renu Guptahttps://www.blogger.com/profile/13605419535223237023noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-83292884353154105222009-07-15T13:39:20.622+05:302009-07-15T13:39:20.622+05:30Well stated in Q and A form.
The stand of the Go...Well stated in Q and A form. <br /><br />The stand of the Government that no one has been prosecuted in the past twenty years is legally inadmissible. <br /><br />First, the enforcement of the Indian Penal Code is entrusted not to the Union of India but to the jurisdictional police (which, depending on whether the administrative unit is a State or an Union Territory, is established and regulated by either the State Government or by an Administrator on behalf of the Central Government). Accordingly, any admission before the Delhi High Court could not have been made with reference to territories outside Delhi as the Union of India is not well situated to inform on laws it does not administer.<br /><br />Further, a person cannot, by established practice, maintain a challenge to the constitutionality of a statute unless he first shows that he is injured or is likely to be injured by its operation. <br /><br />So, the mere enforceability of a law could be a good ground for inviting judicial scrutiny.K.V.DHANANJAYhttps://www.blogger.com/profile/05545845529229026684noreply@blogger.com