Saurabh Malik
Tribune News Service
Chandigarh, September 10
The Punjab and Haryana High Court today drew a parallel between a fable from the “Panchtantra” and Punjab’s former police chief Sumedh Singh Saini’s case by ruling that his plight appeared to be similar to the story.
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Before referring to the detailed facts and arguments addressed by the senior counsel appearing for the parties, Justice Arvind Singh Sangwan asserted it would be appropriate to refer to a story regarding “evolution of legal jurisprudence in India” from the Panchtantra — a compilation of moral-based stories “prevalent in the rural areas”.
Justice Sangwan asserted an ape intruded into a village in a kingdom once upon a time. The entire village, including the young, the old, the educated and the uneducated, gathered to shunt him out. The poor ape climbed up a tall tree as the crowd gathered.
He had no idea about the offence he had committed as a result of which everyone was running after his life. In the meantime, the village sarpanch carrying a stick or a symbol of authority came there. Looking at the crowd and hearing the noise, he enquired about the matter. A man stepped forward and said he was the ‘lambardar’ or the headman appointed by the king to shunt the ape out of the village.
The sarpanch politely asked him, “What is the matter and why do you want to shunt him out”. The ‘lambardar’, in response, said he was the king’s representative and the sarpanch had no business to ask him. The sarpanch asked: “Are you all on one side?” The whole crowd replied in affirmative, compelling the sarpanch to ask who was on the ape’s side. His query was met with a pin-drop silence.
The ‘lambardar’ questioned the sarpanch: “How do you expect anyone to be on the ape’s side”. The sarpanch smiled, raised his stick and said this was injustice and he stood for the ape. He would not allow the ‘lambardar’ to shunt the ape out unless he gave plausible reasons.
“This is how the legal system in India work where the Court follows, the principal of ‘audi alteram partem’, i.e. nobody should be condemned unheard. The plight of the petitioner appears to be similar to the story as this Court protected the right of the petitioner by passing various orders,” Justice Sangwan added.
High Court draws parallel between fable, Sumedh Singh Saini case
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