Saturday, December 10, 2022

Sunday, November 20, 2022

Allahabad University, Pakistani Judge & Indian Constitution


Summary: This post is about Basic Structure doctrine, Pakistan Law Decisions (PLD) 1963 Supreme Court 486 Fazlul Quader Chowdhry Vs Muhammad Abdul Haque - the case that inspired it, and Justice Alvin Robert Cornelius, the 4th Chief Justice of Pakistan Supreme Court - the most famous and influential figures ever to adorn the robes of a judge in Pakistan.

Justice Alvin Robert Cornelius, as Chief Justice of Pakistan

Sunday, July 31, 2022

Justice – Not My Job

 SummaryThis post is about nature of judging or dispensing justice.


The Judgement of Solomon - a story from  the Hebrew Bible, where he was asked to decide the true mother of a child among the two women.  Solomon revealed their true feelings and relationship by suggesting the baby be cut in two and each woman to receive half. With this strategy, he was able to find out  true mother. Great example of administering justice with wisdom. Picture - Courtesy Wikipedia

Saturday, June 25, 2022

MY DIARY - LOGBOOK 109-111

The Allahabad High court was established on 17th March 1866. It has completed one hundred and fifty years. The period of internal emergency 1975-77 was the 109th to 111th years of its establishment. It was its most glorious period. This article was written as diary of the Allahabad High Court on its 125th anniversary but has been suitable amended. It recounts the role of the Judges and lawyers during its most difficult period, since its inception

This picture is courtesy Syed Fazal Advocate Allahabad

Saturday, June 04, 2022

LAW & SCIENCE

Science is progress. Its transcends time, all disciplines and has profound impact in all aspects of life. 

There was no difficulty in publication of the articles in this chapter; except the article 'NATURE IS ASYMMETRICAL'.  In the early 1990's, I had sent it to many magazines and newspapers for publication without any success.   May be the relationship between the ‘Gay Rights’ and ‘Parity Conservation and Mirror Images’ is too weak or it might have been controversial for those times.  It was ultimately published in late 1990's. 

So far as the relationship is concerned, Dr. Jim Samuelson, a high energy physicist from Sweden says,

'The reason why Mr. Yatindra Singh uses the violation of parity conservation as an argument for the rights of homosexuals is, even if well intended, not entirely transparent. I guess one could use the same phenomenon as an argument against those rights: Since nature allows asymmetry, that might indicate that she also wants asymmetry in sexual relationships namely one representative from each gender not two from both ....

Apart from that, the author seems to have a fairly good grasp of the physics he is discussing. For example he does get the conservation of angular momentum in connection with ice skating right; not everyone does. The  statement about symmetry of time is a bit dubious though. As he states it, it is correct – as far as we know: the laws of nature do not change with time.'

I am neither Gay nor do I approve of homosexuality; though, I respect them and have no difficulty in existing with them. Some of my very good friends were or are gay. 

Well, why did I write this article; a good question.

The bond between the ideas in different fields fascinates me. It is for this reason that the two articles in this chapter were written. 

IT LIES IN THE HEART
(These articles were written before I was elevated as the High Court judge on 5th February 1999 and were also published. Since then they have been updated.)

The Emergency
।। Independent India's Darkest Period।। Supreme Court's Shame।। More Executive Minded Than The Executive।।

Case Study
 

Law & Science

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Life sketches

Draft Bills

Don't Be Overwhelmed By Precedents

This is the fifth post of the series 'Advice to Young Judges'. It advises them that the precedents are good guide, but judges may no...