Doctrine Of Proportionality | Constitutional Courts Cannot Be Disproportionately Harsh To Arguable Guilts Of Litigants
Case: Dr Yasin Khan v. State of Karnataka and Others
Corum: Justice Krishna S.Dixit and Justice P.Krishna Bhat
Case No.: WA NO. 100292/2021
Court Observation: “The above observations arguably may be true. However, they cannot constitute a sufficient ground for denying the innocuous relief sought for in the petitions.”
“It has been settled position of law that ‘Doctrine of proportionality’ now is a part of our legal system vide Coimbatore District Central Cooperative Bank Vs. Comibatore District Central Co-operative Bank Employees Association & Another, (2007) 4 SCC 669.”
“Constitutional Courts cannot be harsh disproportionately to the arguable guilt of the litigants.”
“Thus there is an error apparent on the face of the record warranting indulgence of the appellate Court for setting the injustice at naught. In the above circumstances, these appeals succeed in part; the impugned orders of the learned Single Judge are set at naught; both the writ petitions are remanded for consideration afresh on merits, all contentions having been kept open.”
Previous Posts
Reservation In University Cannot Be Applied By Treating All Professors Of Different Subjects As One Cadre Download Judgement
Change In Government Policy, If Reasonable And In Public Interest, Would Prevail Over Individual
