DailyPost 2344

The application or the misapplication of sections of law has been one of the eternal debates in the criminal justice system of this country. The law makers in different de facto avatars are very important to the actual functioning of democracy and the nation. Technical apart, how do you differentiate the legislature and government by way of different expertise they are supposed to possess and the way they perform and deliver the results. A bunch of legislators or parliamentarians become the political executive, and the execute their will and of the other legislators of the running party. The elected representatives don’t hobnob with the ministers, together they are one and the same thing.

If the same question of division of powers between the legislature and executive is put forth to the legislators or parliamentarians, they will be their wits end. All elections are held as if MLA or MP is the fountain head of executive power. So, the de jure and de facto scenarios are in dissonance with each other. Even if the two organizations converge in the manner they do, we will start with the law-making role. The least time a legislature spends is in the process of law making which is its primary role. Most of the legislators have no idea so what is happening in the process of enactment and laws are passed in a mechanical manner.

Neither do they learn here, nor is there any training imparted to them by the respective legislatures or the governments to make them at least functionally competent in law. Their experience of casualness of the legislature crosses over to the executive; they are out extract their pound of flesh from the government, its machinery and its agencies. The game is of achieving political objectives, take opponents to task, embroil others in legal tangles, and be able to display influence and power in whatever they do. Unaware of the sections of law from the legislative experience and not interested in understanding its nuances in governance, the sections of law are the most effective hand maidens they were looking for.

While the courts and constitutional benches can keep deciding the legality of it, the application of the sections of law in cases that matter, is the first and most important element of miscarriage of injustice. Give me the man and I will give you the law, is the running principle of jurisprudence practiced by the law makers and political executive and the permanent executive falls in line (supposedly experts) in a manner that is unbelievable. The person and nature of harassment is pre-decided and sections of law then is inappropriately applied to achieve that purpose. The ingredients of the sections decide the purpose and not the purported offence. The action on those sections / cases post haste makes everything amply clear, as to what rule of law is all about.

Sanjay Sahay

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