THE TINY SUMMARY UNDERSTANDING OF THE "DEMONITIZATION" VERDICT OF YESTERDAY(02-JANUARY-2023)
Yesterday some of you, all of you or many of you might have read
about the Verdict of the 5-Judge Constitutional Bench of Hon'ble Supreme
Court of India, that appeared in All Main Stream Media.
What has happened exactly in this matter:
1.
A Division Bench normally a 2-Judge Bench of Hon'ble Supreme Court of
India was hearing the 58-Petitions that were pending before the Supreme
Court against the Demonitization announced on 08-November-2016.
2. The Division Bench referred the matter to a 5-Judge Constitutional and Larger Bench to answer the reference on the matter.
3.
Out of the 5- Hon'ble Judges of the Constitutional Bench, 4-of them
have held the Demonitization of 2016 as legally valid, where as 1-of
them, Hon'ble Ms.Justice B V Nagarathna, the only Lady Judge in that
Bench has given the dissenting judgement that it was unlawful.
4.
Since it was a Reference to a Larger Constitution Bench (of 5-Judges)
the matter goes back to the Division Bench ( of 2-Judges ) with this 4-1
Reference Verdict for final judgement to be passed by the Division
Bench.
5. While the 4-Majority have said
it is legally Valid, 1-Hon'ble Judge has said it is unlawful, this
situation will remain in the History of India. What final Judgement the
Division Bench ( of 2-Judges ) will pass is to be awaited.
6. I remind you of Hon'ble Mr. Justice Radhabinod Pal, an Indian,
who was one of the member of the United Nations' International Law
Commission from 1952 to 1966 and was one of three Asian judges appointed
to the International Military Tribunal for the Far East, the "Tokyo
Trials" of Japanese war crimes committed during the Second World War.
Justice
Radhabinod Pal was the only Judge among all there, who had held that
the Japanese Soldiers who were tried for War Crimes were not guilty. His
fundamental ground was that, if the Atom Bomb Crimes ( that Atom Bomb
that was thrown on Hiroshima and Nagasaki Cities of Japan in 1945 ) were
excluded from those trials then, he would hold the Japanese Not-Guilty
of the war Crimes.
7. Japan has
placed the Statues of Justice Radhabinod Pal in their "Yasukuni Shrine"
and the "Kyoto Ryozen Gokoku Shrine" as monuments specially dedicated to
Pal like a God.
8. The Majority
Judgements will remain valid, will rule and to be obeyed with due
respect and honours, however, if there would be a Dissenting Judgement
there of even one Judge of the Bench, that will stay the Records, it
will not be out of the Records over the history.
I have
shown you both sides. Somewhere the voice may be just the lone or in
miserable minority that will be in the records of the History. But somewhere there could be a very large Majority also to
be respected and obeyed without choice. .......... This is Democracy....
About
the Author : Dr. Nimain Charan Biswal is a B.Sc.(Agri. Science and Technology),
M.B.A. and Ph.D.(Management Area ) by qualifications; and he has 36+ years of
work experience in both industrial and development sectors in diversified
fields of social importance. He has been educated at Orissa University of
Agriculture and Technology (OUAT)-Bhubaneswar, Institute of Rural Management
Anand (IRMA) and Gujarat University (with Resource Support of IIM-Ahmedabad).
He is further educated at IIM-Calcutta, XLRI-Jamshedpur, Apple Computer
Industries and Spar Inc., USA. He has worked for reputed National and
International Organizations in Senior/Top Management Capacities at Board level
as well as Managing Director and CEO. He is a management expert covering extensive
areas from management in industrial sectors, management in agriculture and
dairy, development management to management of public systems. He is a
prominent professional of India and known Internationally as well. He lives at
Mumbai in India.
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