Courts must censure wrongful behaviour of the state | The Indian Express

Courts must censure wrongful behaviour of the state | The Indian Express

Written by M R Shamshad |Updated: April 27, 2019 9:37:06 am

The writer is advocate-on-record at the Supreme Court of India

Courts must censure wrongful behaviour of the state

It is duty of the constitutional courts to make appropriate observations about inappropriate functioning of the state and its administration.

Bilkis Bano in New Delhi. (Express photo by Anil Sharma/File)

The Supreme Court order awarding compensation and rehabilitation to Bilkis Bano is certainly a step forward in strengthening the faith of the common citizen in the judicial process while fighting the failure of the state in ensuring protection of their guaranteed rights. If we talk in legal jargon, it has strengthened the concept of the constitutional tort against the state as an entity. The Court has discharged its function of redressing the grievance of a citizen of India. However while passing the order, the Court also made an oral observation to tell the State of Gujarat that it should “feel lucky” as the Court was not observing anything against the government in that order. I feel this observation is not appropriate, given the facts of the case. It is duty of the constitutional courts to make appropriate observations about inappropriate functioning of the state and its administration.