Having argued the need of recalling the order before the bench of High Court, I was thinking of getting some sort of relief. The need for recalling the order had arisen because it was a hindrance in delivery of justice. I had argued before the bench that since article 21 can not be entertained by any court/authority other than High Court and Supreme Court hence the Court's earlier order needs to be recalled to fit within the premises of law. Since nothing had been done on the violation of article 21 ( clearly mentioned in the petition) I still have the right to approach Supreme Court in the matter. The Court verbally agreed with my arguments and asked me what do you want. I expressed my intention to argue on article 21 as my entire petition was based on article 21 of the constitution of India.The Court opined that since I can argue on article 21 how can I be a layman(layman, as argued in my application for recalling of order).I informed the Court that I am a layman as far as the procedure of Court is concerned but I have studied article 21 of the constitution of India and that I am the aggrieved party having drafted the petition and being aware of the facts hence I am quite knowledgeable as far as article 21 is concerned. The Court refused to accept me as a layperson and refused to recall the order.Hence opportunity was denied.
Today I received a copy of the order in the said matter. Critical analysis of Court's various orders(including the petition and applications) would be explained in detail in other posts. However at the moment it can be said is that remedy lying with the Court has not been provided. The court has also failed to address the reality and the serious issues raised in the petition and argued in the Court, leaving the Court with no alternative but to act against the system and the guilty. The Court, in order to avoid acting against the system and the guilty, has chosen to pass orders which defeat the purpose of existence of Courts where ordinary citizens can put forth their grievances and get justice. The utility of Courts has become questionable.
The work done by Shri Amartya Sen regarding the manifest injustice has become evident in Indian judicial system.
