Gangavath Ekitha | Edited By Prabhat Bandhulya
At one moment while offending social media feeds are freely spread underneath the guise of freedom of speech, the Supreme Court has held that now the guard of fundamental human rights is really only available to all those who follow laws and respect legal procedures. Days ago, a bench headed by justice Dinesh Maheshwari and Aniruddha Bose governed that whatever assertion to fundamental human rights cannot be warranted unless the person affected himself abides by it and discloses the due process of the law. Though that this decision came in a particular instance in which a defendant questioned the Maharashtra state's implementation of anti-gangster law MCOCA, the overall essence of the court's ruling has had far spill over effects and implications on a wide range of cases. What was noted and said that in regards to Section 438 CrPC appears to apply even more forcefully to this Court's unusual jurisdiction under Article 136 of the Indian Constitution. The appellant's submissions for evaluation of his particular circumstance resulting from the application of reinforced with steel having a negative impact on his fundamental rights need not minimize the effects of the appellant's guilty behaviour. It was held that a ny claim to fundamental rights cannot be justified only if the person affected himself abides to and shall submit to the legal process.