NO MAN IS WISER THAN LAW


LEAVING aside the debate on legitimacy of death penalty, the concern herein is the authority of an Institution. The Supreme Court of India after hearing contention and arguments advanced by counsel for Yakub held him guilty and punished him with Death penalty for Bombay Blast in year 1993. After the verdict, many people stated that the Supreme Court has not followed proper procedure and some of them gave it a communal colour by stating that Yakub has been hanged because he belongs to a minority community.

Such things are unfortunate and strictly speaking one should not have questioned the institution and its honesty. If we look around the world, there is massive distrust in the Institution and Masses feel joyous whenever someone questions the integrity of the Institution. For any society to survive and grow, it has to believe in Rule of Law as every human being is inherently possess different behavioral patterns and act differently in a given situation and Rule of Law provides common and agreeable behavior for different human being.

Article 14 of the Constitution provides that the State shall not deny to any person equality before the law or equal protection of law within the territory of India and Right to life under Article 21, which shall not be deprived from him except in accordance with law. The same institution i.e. S.C. has held that equality cannot be claimed to legitimize an illegal action[1] and a punishment which is too cruel or torturesome is unconstitutional[2] and devised rarest of rare principle in death penalty.

Yakub’s death sentence was confirmed by the SC vide Judgment dated 21.03.2013, thereafter he filled a Review Petition (Crl) No.474/2013 which was dismissed by SC on 30.07.2013 and Mercy Petition filled through his brother was rejected by President on 11.04.2014 admittedly same remain unchallenged, however, in terms of the Constitutional Bench Judgment in Shatrughan Chauhan & Ors[3] his Review Petition was again heard for at least 10 days while the norm is hearing of 30 Minutes and dismissed by SC on 09.04.2015. Wheel did not stop here and he filed a Curative Petition that was dismissed by Supreme Court on 21.07.2015. Meanwhile he filed 2nd Mercy Petition with President and a Writ Petition before Supreme Court, which was rejected and dismissed on 29.07.2015 by President and Supreme Court and he again filed another Writ that was dismissed by SC in early hours of 30.07.2015.
Therefore one cannot and should not say that sufficient opportunity of being heard has not been provided to him and Principle of Natural Justice has not been followed. If one questions, in my view either his thoughts are biased or there is other mitigating circumstances and compulsion. Individuals in democratic society have the right to live under a system that operates within the Rule of Law that acts effectively and fairly within commonly accepted norms. For Institution to flourish, they should demonstrate to citizens that they are trustworthy and that they possess the authority to Govern.[4]
The Supreme Court in the case of Yakub has clearly demonstrated that it is trustworthy and if situation demand can work extraordinarily and has authority to Govern and impose Rule of Law. If someone is questing authority of SC, he is basically defying the Rule of law and Constitution of India because no man ought to be wiser than the law (Neminem Opportet Esse Sapientiorem Legibus).


[1] Ekta Shakti Foundation Vs GNCTD AIR 2006 SC 2609
[2] Inderjeet Vs State of UP (1979) 4 SCC 246
[3] (2014) 3 SCC 1
[4] Trust in Justice: Note on Development of European Social Indicators by Jonathan Jackson

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