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Monday, September 27, 2021

With tale from Panch Tantra, Punjab and Haryana HC bench details ‘evolution of legal jurisprudence in India’

The Bench of Justice Arvind Singh Sangwan referred to a story from the Panch Tantra while granting blanket bail to former Punjab DGP Sumedh Singh Saini

By: Express News Service | Chandigarh |
Updated: September 11, 2021 2:47:40 pm
If possible frame policy to decide parole on the spot: HC to PunjabPunjab and Haryana High Court (Express Photo)

To define how the legal system in India works, the Bench of Justice Arvind Singh Sangwan, while granting blanket bail to former DGP Sumedh Singh Saini Friday, referred to a story from the Panch Tantra regarding “evolution of legal jurisprudence in India.”

“Once upon a time, in a kingdom, an ape (monkey) intruded into village population. The whole village including young, old, educated and uneducated gathered to shunt him out. The poor ape climbed a tall tree. As the crowd gathered, the ape had no idea as to what offence he had committed that everyone is running after his life. In the meantime, the village Sarpanch, carrying a stick (symbol of authority), came there and looking at the crowd and hearing their noise, enquired about the matter. A man came out of the crowd and said I am lambardar (headman) appointed by the King to shunt the ape out of the village. The sarpanch politely asked him as to what is the matter and why you want to shunt him out. The lambardar said I am the representative of King and you have no business to ask me. The sarpanch again asked “you all are on one side?”. The whole crowd said ‘yes’. The sarpanch again asked then who is on the side of ape, there was a pin drop silence. The lambardar said that how do you expect anyone to be on the side of the ape? The sarpanch smiled, raised his stick and said this is injustice, I stand for the ape and will not allow you to shunt him out unless you give plausible reasons,” read the story, as per the order,

Justice Sangwan further said, “This is how the legal system in India works where the court follows the principal of ‘audi alteram partem’, i.e. nobody should be condemned unheard. The plight of the petitioner appears to be similar to the story as this court protected the right of the petitioner by passing various orders, which will be referred in later part of this order”.

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