Justice V. Parthiban makes landmark observations, says ‘bursting of crackers is an integral part of Diwali festival’: Read details
The verdict, written in purple prose, has come not a day too soon, with Diwali round the corner and the expectation of PILs, annually a routine, seeking to ban the bursting of crackers. This decision is one for celebration.
Justice V. Parthiban, Madras High Court has caught the bull by the horns and concluded that Mr A. Balaji was unfairly and unjustly denied the benefit of employment, despite clearing the requisite stages for selection as Grade – II Police Constable, conducted by TN Uniformed Services Recruitment Board, Chennai, being held disqualified on the allegations of ‘bursting of crackers during Diwali festival in 2018.’
The learned judge, in a brilliant exposition of the four corners of an offence under Section 285, Indian Penal Code, and adverting to a host of decisions, including the leading one in Avatar Singh (2016 – SC), has come down heavily on the appointing authorities for rejecting his selection by relying upon ‘Victorian standards’ and ‘utopian expectation’, ignoring that ‘bursting of crackers is an integral part of the Diwali festival, having its roots to a hoary and hallowed civilization, unique to this land and is celebrated by all age groups across the nation with great fervour and ardour.’
The verdict, written in purple prose, has come not a day too soon, with Diwali round the corner and the expectation of PILs, annually a routine, seeking to ban the bursting of crackers. This decision is one for celebration.
It would be appropriate to extract the relevant portion of this 30-page, 24-para order dated 05/09/2020, made in A.Balaji v. The Chairman, TN Uniformed Services Recruitment Board, Chennai, to communicate the lovely message from a Constitutional Court, which is long overdue, with regard to the bursting of crackers during Diwali – which is seemingly an offence under Section 285, IPC, even when it is meant to be in celebration of the festival in the most harmless way, with no intent whatsoever to endanger human life or cause hurt or injury to any person.
By orders dated 09/04/2020, the appointing authority had rejected the candidature of A.Balaji for the post of Grade – II Police Constable on the solitary ground that the candidate had suppressed the factum of his being charge-sheeted for an offence under Section 285, IPC for ‘bursting crackers during Diwali festival’. In an illuminating pronouncement drawing the subtle and substantive nature of the need for disclosure of ‘criminal antecedents’ of the candidate, the learned judge has pointed out that there is absolutely no issue of involvement of any moral turpitude, in the so-called offence of ‘bursting crackers during Diwali festival’.
Without diluting the need for honest and transparent disclosure of criminal antecedents of the candidates, Justice V. Parthiban has alluded to the decision of the top court in Avatar Singh in these words –
In a stinging decision in worthier prose, the learned judge has set aside the decision of the appointing authority to reject the candidature of the petitioner and ‘directed them to consider the claim of the petitioner to the post of Grade – II Police Constable, Jail Warder and Fireman in the appropriate post, as per his rank and eligibility, without reference to the involvement of the petitioner in the criminal case an indication in the impugned proceedings, if he is otherwise fit in all other respects.’
One is particularly delighted that a secular and constitutional court has boldly assumed its responsibility in the peculiar circumstances of this case, and come to the rescue of an innocent victim, who was indulging in no more than bursting crackers in celebration of Diwali festival. The learned judge deserves our appreciation for admitting the onus cast on it, in such a case where gross injustice was done to the petitioner, in this sterling language which hopefully would send the appropriate message to the powers that be in dealing with celebration of Diwali by bursting of crackers.
‘McCarthyism is the antithesis to Constitutional goals’, as opined by the apex court and McCarthyism be damned, as it ought to be, by the learned judge. This order, from a constitutional court by an erudite judge, is as much a celebration like the bursting of crackers during Diwali time.
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