JOGINDER KOUR Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) Amongst others, in beauty, and hazard of human life, lies its unpredictability. Sometimes, the human life projects and poses most complex problems for their solution. In the scheme of nature, it is the human life, which occupies the central position. Through the evolutionary process, besides other things which are avail able in this universe, the human life has to be shaped up so as to enable it to illuminate its surroundings. With the progress of time, civil societies have come into existence which are governed by rule of law. The laws whether fundamental, primary or subordinate legislations, are all brought into existence for the welfare of the human being. The laws are, thus, to be interpreted in a manner, which work for the advantage of the human being. Everything which one faces in the life, cannot be foreseen. The life, when it poses some complex problems for which no existing solution is available, then, an honest effort has to be made to retrieve a person from such a situation. The life, at times, becomes unpredictable and the laws for such a situation, thus, would not be available on the statute book.

(2.) The case on hand is one such rare and exceptional case where the laws, as they are, have created more problems than solving the same for the appellant. This court is duty bound to meet out justice to the appellant. Justice, however, has to be done in accordance with the laws. When the consequences of an action based on existing laws are bound to produce harsh results, then the concept 'justice according to the laws', has to be tailored and fashioned in a manner which would produce most equitable and just results.

(3.) In the above backdrop, the undisputed facts emerging in this case are taken note of:-