GUMAN MAL LODHA, J. - (1.) 'Shock therapy' to anti social 'pirates', for deterrence to crimes of primitive horror. Inhuman and barbaric nature, is the day. This judges have duty for suppressing grievous injustice to humanist values by inflicting condign punishments on dangerous deviants, has persuaded this court to do the unpleasant duty to inflict maximum sentence of imprisonment for life in this extreme case of mass blinding reminding 'Dara Shika' medieval dark days.
(2.) THIS therapy of Justice Iyer, 'Sarkaria' innovation in Parasram's case (1981) 2 CC 684, 713 pleaded for 'Shocktherapy' to such anti social 'piety for deterrence to crimes of primitive horror, barbaric and inhuman nature. Iyer Sarkaria J. termed the duty of a Judge to give such deterrent sentence as 'high duty' for suppressing grievous injustice to humanist values by Inflicting condign punishments on dangerous deviants and observed: Just one more observation relevant to the punishment. The poignantly pathological grip of macabra superstitions on some crude Indian minds in the shape of desire to do human and animal sacrifice, in defiance of the scientific ethos of our cultural heritage and the scientific impact of our technological century, shows up in crimes of primitive horror such as the one we are dealing with now, where a blood -curdling butchery of one's own beloved son was perpitated aided by other 'pious' criminals, to propitiate some blood thirsty deity. Secular India, speaking through the court, must administer shock therapy to such anti -social 'piety' when the manifestation is in terms of inhuman and criminal violence. When the disease is social, deterrence through court sentence must, perforce, operate through the individual culprit coming up before court. Social Justice has many facets and judges have a sensitive, secular and civilising role in suppressing grievous injustice to humanist values by inflicting condign punishment on dangerous deviants. In discharge of this high duty, we refuse special leave in these applications against the correct convictions and sentences of the courts below. While Bhagalpur blinding shocked the conscious of Society, compelling the Apex Judiciary to take activist approach, the Rajakhera, Malkhera and Rajgarh blindings are other species of inhuman, barbaric, atrocities and violence. The only difference is that the criminals in Bhagalpur were either police or jail officials, but in Rajakhera it is 'quacks' criminology The object, in Bhagalpur was to punish criminals to stop crimes and terrorise them, but in Rajakhera it is to squeeze money, by impersonation as surgeons, exploiting, ignorance, illiteracy and poverty of villagers.
(3.) WHILE in the first, activist approach of Apex Court's outcome, is series of Judicial orders and classical judgments: : (1981)1SCC622 Anil Yacdav v. State of Bihar (1981) 1 SCC 623 Khatri -I v. State of Bihar; : 1981CriLJ597 Khatri II v. State of Bihar : AIR1981SC928a Khatri -JU v. State of Bihar; : [1981]3SCR145 Khatri -IV v. State of Bihar; and : 1982CriLJ982 Anil Yadav v. State of Bihar.;