JUDGEMENT
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(1.) Leave granted.
(2.) Albert Schweitzer, highlighting on Glory of Life, pronounced with
conviction and humility, "the reverence of life offers me my fundamental
principle on morality". The aforesaid expression may appear to be an
individualistic expression of a great personality, but, when it is
understood in the complete sense, it really denotes, in its conceptual
essentiality, and connotes, in its macrocosm, the fundamental perception of
a thinker about the respect that life commands. The reverence of life is
insegragably associated with the dignity of a human being who is basically
divine, not servile. A human personality is endowed with potential
infinity and it blossoms when dignity is sustained. The sustenance of such
dignity has to be the superlative concern of every sensitive soul. The
essence of dignity can never be treated as a momentary spark of light or,
for that matter, 'a brief candle', or 'a hollow bubble'. The spark of life
gets more resplendent when man is treated with dignity sans humiliation,
for every man is expected to lead an honourable life which is a splendid
gift of "creative intelligence". When a dent is created in the reputation,
humanism is paralysed. There are some megalomaniac officers who conceive
the perverse notion that they are the 'Law' forgetting that law is the
science of what is good and just and, in very nature of things, protective
of a civilized society. Reverence for the nobility of a human being has to
be the corner stone of a body polity that believes in orderly progress.
But, some, the incurable ones, become totally oblivious of the fact that
living with dignity has been enshrined in our Constitutional philosophy and
it has its ubiquitous presence, and the majesty and sacrosanctity dignity
cannot be allowed to be crucified in the name of some kind of police
action.
(3.) The aforesaid prologue gains signification since in the case at hand,
a doctor, humiliated in custody, sought public law remedy for grant of
compensation and the High Court, despite no factual dispute, has required
him to submit a representation to the State Government for adequate relief
pertaining to grant of compensation after expiry of 19 years with a further
stipulation that if he is aggrieved by it, he can take recourse to
requisite proceedings available to him under law. We are pained to say
that this is not only asking a man to prefer an appeal from Caesar to
Caesar's wife but it also compels him like a cursed Sisyphus to carry the
stone to the top of the mountain wherefrom the stone rolls down and he is
obliged to repeatedly perform that futile exercise.;
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