VERDICTUM.IN
NEUTRAL CITATION NO. 2023/DHC/001676
man or situation which is without redressal and when a person turns
to the court of law where the challenges are not squarely covered by
written laws, the Courts have ensured that the justice system remains
strong and effective and redresses the issue.
77.
The Courts are seldom and rarely faced with the situation
where the written provisions are unclear or incomplete. Though
primarily the role of the judges in our country is to interpret and
apply the law and ensure enforcement of constitutional rights and
principles, when faced with a situation of unclear or incomplete laws,
the Court has to exercise the power of taking recourse to
constitutional values with care and objectivity by interpreting,
reconciling and thereafter applying the law to the situation in hand.
Denying to do justice faced by such situation will amount to
permitting injustice to prevail and take shelter under advantage of
unclear law and wearing the mask of false legality.
78.
As far as the argument as to whether the Courts will be
justified into entering the arena of adjudication of deciding a case
when the existing codified law does not specifically define certain
words is concerned, this Court is of the view that though it is correct
that the legitimacy of judiciary may depend on justification of its
decision which should be based on law and the task of judges is to do
justice and enforce laws, at the same, the judges cannot close their
eyes to situations where the law may be silent or unclear and taking
advantage of that some acts may be committed which may run
counter to fundamental assessments of morality and decency of just
Indian society.
CRL.M.C. 2214/2020 & connected matters
Page 38 of 41
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