KHOMDRAM RATAN SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. I.Lalitkumar, learned senior counsel assisted by Mr.Rommel, learned counsel as well as Mr. Kh.Mani, learned senior counsel assisted by Mr.Y.Johnson, learned counsel for the petitioner. Heard also Mr. Th.Ibohal, learned Advocate General, Manipur assisted by Mr. Viscount, Jr. G. A. as well as Mr. N. Ibotombi, learned Addl. Advocate General, Manipur assisted by Ms. N. Savitri, learned Jr. G. A. for the State respondents.

(2.) One of the most delicate functions of the Court in a democracy which is based on rule of law, is to strike the fine balance between the rights of the citizens and the responsibility of the State to ensure maintenance of law and order and preservation of society. This task has become more onerous with the widening of the horizon and scope of the human rights, vis- £ -vis the increasing challenges faced by the State to maintain law and order and preserve the society. Any overzealous tilt towards the individual rights may lead to anarchy and undue emphasis on the power of the State may tend towards authoritarianism. In this unique and dynamic role of the judiciary, fortunately, for this country, broad guidelines have been delineated by our written Constitution which lays down the scope of the rights and duties of the individuals and the power and responsibilities of the State, and interplay between the individual rights and obligations of the State. However, human experience always throws up new challenges and dilemmas which require equally innovative approach to deal with such problems. In discharging this unique role by the judiciary, particularly the constitutional Courts, the Hon'ble Supreme Court through its creative interpretation, in course of its stellar functioning during last more than 60 years has shed light on various contours of the constitutional law which would help in maintaining this balance between the rights of the individuals and the obligations of the State.

(3.) The present case is yet another instance where a citizen of this country has come knocking door of this Court alleging that his legal and fundamental rights have been violated by the State to which the State has responded contending that in upholding the unique role of maintaining law and order and integrity of the nation, considering the seriousness of the crime alleged to have been committed, stringent effective measures need to be taken to deal with such situation.