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  • Name : Yogesh Saxena
  • Gender : Male
  • Experience : 43 years
  • Education : B.Sc., LL.B. Trained Meditor, Arbitrator
  • Languages Known : Hindi, English
  • Practice Courts : Uttar Pradesh
  • Specialization : Constittional Criminal And Civil Laws, Civil Jurisdictions, Second Appeal, Special Appeal, SLP

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LAW SHOULD LIBERATE, NOT ENSLAVE Jurisdiction of court is like that of constructor of a building which has either perfection or many defects. The final word of posterity is dependent upon the skill and calibre of builder who may heartily desire to build up it like expert builders with architectonic virtues to amend or/and add some material both by method and uniformity and if the structure itself does not found ventilation for the want of windows and lake of sufficient light or other deficiency in the architecture, whatsoever, then to demolish the existing structure, only than we may blessed the amending hand as if the trumpet idea gives an uncertain sound who shall prepare himself to the battle? Likewise justice should speak by tongue, word easy to understood, otherwise how a common man will understand and know what is spoken, if the justice shall be spoken into the air? There should not be such short sentences as we may forget the use of verbs which may reconcile the idea into action. “The play is done : the curtain drops slow falling to the prompter’s bell. A moment yet the actor stops and looks around, to say farewell. The approving audience gives him cheer. He bows to them and says his say. Yet down his cheek there falls a tear from him. This is the ending of his days.” Fragrances are more hypnotic, music more inspiring , food tastes better and the sense of touch is more intense. This is all because of human Aura, which is extending an outlining the head and body through spiritual cult in the form of twinkle blue, pale or gold and glitters through etheric world. The physical vision is usually peripheral with the third eye located as pineal gland. This is known as holo, which passes through legend, but gradually earthlings have lost the ability to see the Aura, the etheric or a holo except the few person, who have retain the gift in their present incarnation. This is of vital importance to the individual’s health, happiness and spiritual involvement. The exotic wisdom begins with the understanding of real existence. You can be able to see the etheric or human Aura and then your subconscious will pack up the message for uplifting you to the higher self by using the crowded elevator. This overlapping and mixing of etheric self with crowded elevator creates tension and uneasiness except few extravagant personality. Every person in the world need a space. There are electromagnetic charged atmosphere, which may be washed out by taking a bath through shower. As those magnetic pits which may be picked up from others be washed off. Some of the animals have better sense of understanding the effect of Aura, etheric and spiritual carving of individual through there perceptions. Adversaries are the touchstone of brave mind. The spiritual way of living may only be adopted by taking the course of its learning which the individual may incline, when he will proceed further to learn in this regard. Since the necessity is the mother of invention as such without having any need for learning, one may not advance through this process, except in adverse circumstances. It is rightly being said that the bearer of the shoe knows as to where it pinches to such individual. Let us start with physiology of human body which has the respiratory organ for breathing of the air. It provides the survival of the cells of the brain and the rest of the body is provided the air for nutrition and energy. The deep breathing indulges the individual through passing off the channel from the nostrils and comes in the contact the thin layer over brain where the fluid is filled up and is connected with spinal cord at its base. The “Kundanlini” in the individual contains the fluid which is sucked through suction force to the cells of the brain. In this process the potential to one’s perceptions in respect of his retention power inside the brain may directly be attributed to the individuals memory. This gives a personality cult of an individual to make the further advancement in life. In absence of such atmosphere, one may feel despotic isolation and thereby the stagnation to the process of evaluation may ultimately ruin the future prospective for progress. The mind is the master of senses and the breathe is the master of mind. The mind cannot be restrained without restraining the breathe. Mental activities keeps pace and respiration. Thus the consultation is regarded to be the best source for all sort of management of human affairs. This may be in numerable form of philosophy. The philosophy of argument and the philosophy of the rule which capture the intellect in there nets and led it away from the true knowledge. The physical control is merely a preparation for mental control. When the mind is calm down, It is indeed the process of becoming one with reality begin. Only few dies of suffocation but rest of the death are caused as such person has not been breathing enough from years. Let us examine the existence of these principles which are necessary for the protection of the society in which the judicial discipline is the source of inspiration for protecting the fellow existence. The Hindu mythology also based on the principle of separation of power. There are the different duties and role assigned to the omnipotent powers in the universe. Lord Brahama is considered to be the creator of animal existence and other human being in this world while the Lord Vishnu is considered to be considered to be the protector of the living creator while Lord Shiva is maintaining an equilibrium by imposing the appropriate punishment as to maintain the esteem of administration of justice. There is not even an absolute power vested with the God itself according to our Hindu mythology. Thus the concept of legislation, executive and judicial power is embodied with separation of power. The religious virtues are marked with ten characteristics viz. patience, forgiveness, self denial, honesty, purity, mastery over senses, sensibility, knowledge, veracity, and cheerfulness. The individual has not given an absolute power and likewise the universe protects the existence of other fellow being to be ruined by the stronger as the lion and other carnivores animals may not destroy every healthy and vigorous animals. Thus the individual having the absolute power of government may not be allowed to rule the nation. The ruling body of the people may not be vested with the absolute power nor the person embodied with such power should be allowed to delegate it to some other person otherwise the fate of the nation will be identical to the fate what we have visualised by giving the power of management to the British East India Company who had subsequently captured the full command over the nation. The mutiny became the turning point for justifying the rule by the British domination, as the nation was subsequently came under the control and sovereignty of the British Empire. The country must be free from enemies and for this purpose law and order situation must be effective in vanquishing the enemies and resisting their onslaught. For this purpose, the enforcement agency be admirable and efficient for becoming victorious through benevolent rules and regulation. The law of punishment is the dispenser of justice. The theory of retributive justice must be implemented to wake the people who are fast sleeping. It is difficult to wake them by shouting a voice as those who are having the intoxication by power, wealth and privilege may not rise to the occasion for the advancement of the country. This is important as the virtue of religion which is meant to preserve the justice and not to destroy it. The abortion of justice provokes the resentment of the people. Thus it is important that at least a person who is sitting on the seat of legislating the law and to deliver judgement may not be voluptuaries, malicious and if he has such disqualification, then the person occupying such position should be punished by retributive justice. The justice is a very awful and majestic, It cannot be upheld by ignorance and non righteous person as the person who is not learned, untrained and block headed is never able to enforce the law with justice. Thus a wise man is only able to enforce the law in the strict sense. The decision of such judicial member may not be transgressed by any one. There were ten evils always recognised from ancient time which are arising from the love of pleasure; i.e 1) Hunting, 2) Killing of innocent animals, 3) Gambling, 4) Sleeping by day time, 5) Listening to love talks and scandals, 6) Excess with women, 7) Use of intoxicant, 8) Singing in club, 9) Playing musical instrument in night clubs, 10) Useless strolling. These vices are now been accepted in the society as the necessary evil. Nothing can eradicate the prevailing maladies except by strict enforcement of the discipline which is not given the due priority in our country. The government should watch if the justice is upheld in inflicting of punishment and no unjust punishment is inflicted. The treasury and the executive work must be in the hand of such responsible person who should be held responsible for the lapses and given deterrent punishment, in case they are found to provide the loss to the public exchequer. It is as fare if one hundred entrenched garrison soldier can resist the attack of ten thousand enemies, why not a patriot to this nation may be able to get the correct prospective of our system. Thus it is not only the punishment for reformation or censure is imposed but in the deserving case, the person deserving punishment may be provided with the exemplary punishment as no other person could dare to commit such wrong with the people. In case of violence, theft , adultery defamation, insult and assault, since these offences are usually being committed in secrecy, the onus is shifted on the accused person to prove his innocence. The culture and heredity plays a vital role in governing the nation. There should not be the denouncing to the existing values by invasion of encroachment over the existing set up. The attitude of the people is important and a governing factor to built up a society otherwise the inglorious incidents shall take over the existence of the society. The capitalism approach of life with atrocities committed by the superior over the down trodden is required to be dealt with sever punishment as there is no protection to the poor class of citizen. There is always a struggle for existence and it is understood that the survival of the fittest is the ultimate notion. Thus it is considered that a criminal coming in the public and getting ruthless shooting in discriminatory and mercilessly killing the innocent inhabitants in the society is seldom punished by the court of justice. He is evading his arrest and in case if he is being arrested, he may be bailed out easily and even in case of conviction, he shall rarely be confined in the four corner of the jail premises. This is the law of our nation. Let us examine the aspect of putting a poor farmer inside the lockup for the reason that due to the natural calamity and ecological misbalance, he could not ripe the harvest in the season and therefore was unable to repay the loan which he had taken for the improvement of the land. It is well known that the state government is the absolute owner of the entire agriculture land and the farmer has got only the cultivators right and if something is done for the improvement of such land, how the poor farmer can be kept in confinement. There is only one reason that in the country of “Daridranaryan“, the poor person is subjected to suffer the atrocities of the superior person but the rich people are above the law. One should not tolerate the injustice committed by the wrong doer over the innocent person as it is generally understood that the robbers usually rob the rich person while the government robs the poor people and leave the rich people beyond the clutches of law enforcement machinery. There is another aspect of the picture that a bread earner, who is knocked by a fast moving vehicle, may get some compensation from the insurance company or from the owner of the vehicle under vicarious liability but if the person is stabbed inside his abdomen by the assailant, there is no compensation given to the victim. In case of death out of onslaught by some criminal, there is neither the punishment for the crime nor the compensation to the family of the victim citizen. How the government can claim to be the representative of the people ? What is the justification of saying that it is “We, the people” who are said to be the government ? Can a country may survive in such a type of anomalies and undisciplined atmosphere ? “All the members of the court are considered as wounded, where justice is found wounded with inequity, and judges do not extract the dart of inequity from justice or remove its blot and destroy inequity, in other words where the innocent are not respected and the criminals are not punished.” “A virtuous and just person should never enter a court and when he does so, he should speak the truth; he who holds his tongue on seeing injustice done, or speaks contrary to truth and justice is the greatest sinner.” “ All the persons in that court are dead, as it were, and none of them is alive, where justice is killed by inequity and truth by falsehood in presence of its courtiers.” “ Justice destroyed, destroys, its destroyer; and justice preserved, preserves its preserver. Hence never destroy justice, lest being destroyed, it should destroy the destroyer of justice.” “ The learned regard him to be base caste who violates justice which gives all wealth and showers all blessings. Therefor no man should ever destroy justice.” “ In this world justice or righteousness alone is man’s friend that goes with him after death. All other things or companions part on the destruction of the body and he is detached from all company. But company of justice is never cut off.” Thus when injustice is done in the government and the Hon’ble Court due to inadvertent do not dart injustice and may attribute some partiality with underrepresented poor citizen and protect the criminal or doer of injustice, there may not be such deserving respect and it may circumvent the law with all inequity. Such a situation is alarming in the nation as the law which is regarded to make the citizen free from all side of encroachment, has itself is making the people enslave. Let a situation be derived by breaking the chain which is providing restriction to fight against the injustice. Although it is an iron curtain, but still one cannot blot all such hopes, as the hopes belong to a future. A single day light may shallow the darkness from our country.
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