oppn parties SC Ruling In Puducherry Bar Near Temple Case: Rule Of Law Is Supreme

News Snippets

  • Sikh extremists attacked a cinema hall in London that was playing Kangana Ranaut's controversial film 'Emergency'
  • A Delhi court directed the investigating agencies to senstize officers to collect nail clippings, fingernail scrappings or finger swab in order to get DNA profile as direct evidence of sexual attack is often not present and might result in an offender going scot free
  • Uniform Civil Code rules cleared by state cabinet, likely to be implemented in the next 10 days
  • Supreme Court reiterates that there is no point in arresting the accused after the chargesheet has been filed and the investigation is complete
  • Kolkata court sentences Sanjoy Roy, the sole accused in the R G Kar rape-murder case, to life term. West Bengal government and CBI to appeal in HC for the death penalty
  • Supreme Court stays criminal defamation case against Rahul Gandhi for his remarks against home minister Amit Shah in Jharkhand during the AICC plenary session
  • Government reviews import basket to align it with the policies of the Trump administration
  • NCLT orders liquidation of GoAir airlines
  • Archery - Indian archers bagged 2 silver in Nimes Archery tournament in France
  • Stocks make impressive gain on Monday - Sensex adds 454 points to 77073 and Nifty 141 points to 23344
  • D Gukesh draws with Fabiano Caruana in the Tata Steel chess tournament in the Netherlands
  • Women's U-19 T20 WC - In a stunning game, debutants Nigeria beat New Zealand by 2 runs
  • Rohit Sharma to play under Ajinkye Rahane in Mumbai's Ranji match against J&K
  • Virat Kohli to play in Delhi's last group Ranji trophy match against Saurashtra. This will be his first Ranji match in 12 years
  • The toll in the Rajouri mystery illness case rose to 17 even as the Centre sent a team to study the situation
Calling the case not 'rarest of rare', a court in Kolkata sentenced Sanjay Roy, the only accused in the R G Kar rape-murder case to life in prison until death
oppn parties
SC Ruling In Puducherry Bar Near Temple Case: Rule Of Law Is Supreme

By A Special Correspondent
First publised on 2021-10-30 13:05:53

The Supreme Court has held that once the legal stipulation in any issue is strictly met, there are no other considerations that can normally influence the court to move against a person or entity. Hearing a case where a bar was sought to be closed down as it was situated 114.5 metres from entrance of a temple in Puducherry and some of the people who came to the bar to drink allegedly often created a ruckus in front of the temple after their drinking sessions. The court rightly did not think fit to merge the two issues (as a division bench of the Madras HC had also not done) and rightly decided the case on legal points, not getting swayed by religion and the sentiments of the devotees.

The legal stipulation in India is that a bar or a wine shop cannot be situated within 100 metres of a place of worship, along with other places such as educational institutions. Since the bar was situated beyond hundred metres, the location met the legal stipulation. The court categorically said that while it did not want to hurt the sentiments of the devotees, "once the statutory distance between the two is maintained, there is very little the court can do legally". In fact, when the counsel for the petitioners pressed for relocation, Justice Nagarathna remarked that "even if the bar is at 500 metres or 1000 metres away, people who take drinks and then want to visit the temple could also create the same kind of nuisance".

Increasingly, it is becoming a practice with some petitioners to invoke social, cultural or other issues when they find that they are on weak legal ground. Sometimes, lower courts get swayed by this argument in granting relief to such petitioners. But high courts and the Supreme Court have steadfastly refused to be swayed by such considerations and have always held that if an individual or a business entity complies with statutory requirements in totality, the courts have little reason to interfere and cause distress to such individual or entity just because another individual, organization or even the State wishes so. This proves the supremacy of rule of law over everything else.