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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