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Jul 25 7 tweets 2 min read
The #KarnatakaHighCourt has in a judgment recently observed that “It is primarily the task of the Government to govern and in the guise of judicial review, COURTS SHOULD NOT SEEK TO RUN THE GOVERNMENT.”
A division Bech of Karnataka High Court consisting of Justices Krishna Dixit and Krishna Bhat observed this in a appeal against order of a single judge refusing to entertain a challenge to land acquisition for Upper Krishna Project.
The court, has further observed that when a measure is taken by the government for implementing mega infrastructural project pursuant to policy and expert opinion, courts should REFRAIN FROM ACTING LIKE SUPER-ACCOUNTANT and INTERFERENCE SHOULD BE EXTREMELY RARE
The Karnataka HC has observed that“SMELLING FOUL PLAY IN THE ACTION OF GOVERNMENT AT MERE WHIFF OF SUGGESTION WOULD MAKE RUNNING ADMINISTRATION AN IMPOSSIBILITY, ELECTED GOVERNMENTS WHICH ARE ACCOUNTABLE TO PEOPLE WILL BE HAMSTRUNG IN IMPLEMENTING PROJECTS FOR PUBLIC WEAL.”
The bench, has further observed that “It is NOT for the court to act as an expert and substitute its OWN VIEW for the view of executive. In matters of such nature, an APPEAL IS ESSENTIALLY TO THE BALLOT AND NOT TO THE COURTS.”
The judgment notes, “Courts DO NOT have the expertise NOR POLITICAL MANDATE for deciding the comparative merits of two options.”
Courts Cannot Run The Government Under Guise Of Judicial Review: Karnataka High Court @sai_prasad_law reports
lawbeat.in/amp/top-storie…

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More from @LawBeatInd

Jul 26
The CJI, today, remarked "When a media house has other business interests, it becomes vulnerable to external pressures. Often, the business interests prevail over the spirit of independent journalism. As a result, democracy gets compromised.”
The Chief Justice of India, Justice N V Raman was delivering an address today at the launch of a book titled “THE GITA VIJNANA UPANISHAD” by Gulab Chand Kothari, the chief editor of Rajasthan Patrika.
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Jul 26
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The court, on hearing Sibal’s suggestion, adjourned the matter while asking ASG KM Natraj to take instructions in this regard.

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Jul 26
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lawbeat.in/top-stories/su…
The bench has passed over the matter.
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Jul 25
BREAKING: While refusing to entertain plea seeking protection of religious minorities in J&K from targeted killings, J&K&L High Court has held that “administration is making all efforts to provide security, protection to religious minorities & “a robust mechanism being deployed”
A Kashmiri Pandit Org had approached the High Court stating that lives of religious minorities are at stake “due to callous approach” of administration. While refusing to entertain plea, HC said that AG had submitted seal cover with details of how “all possible care being taken”
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Jul 25
#SupremeCourt hears plea by Adhyatmik Vishwa Vidyalaya challenging formation of monitoring committee formed to supervise its functioning.
The Ashram has been in the news for allegedly committing human rights violations against its 162 female inmates.
Court: You may be a spiritual organisation, but when you live in this world you have to follow the wordly law.
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Jul 25
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@rssurjewala
DYC J: You can go to the Delhi High Court? If there are different petitions, UOI will file a transfer petition.

ORDER: Since the PIL petitioner seeks to challenge the constitutional validity of Sections 4,5 of election act. Remedy is available before HC.
Order: We grant liberty. The plea is disposed.
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