Disregard to court's decisions to spell doom for rule of law, SC reminds Executive

The Supreme Court has reminded the Executive that respect for the decisions of the courts holding the field are the very core of the rule of law. "Disregard or neglecting the position at law expounded by the courts would spell doom for a country which is governed by the rule of law," it said.

A bench of Justices K M Joseph and Hrishikesh Roy termed as illegal and arbitrary a decision taken by the Bihar government in 2016 to declare 'Lohar' caste as Scheduled Tribe. The state government's order enabled the 'Lohar' to invoke stringent the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, affecting the fundamental rights of other citizens, even though the apex court had earlier noted specifically that 'Lohar' was the OBC and not the ST.

Acting on a writ petition filed by Sunil Kumar Rai and others, the bench pointed out this court had earlier declared unambiguously in three judgements that 'Lohar' is an Other Backward Class and is not Scheduled Tribes. The court had also then proceeded to hold that Lohars are, admittedly, blacksmiths, a backward community in the State of Bihar, whereas 'Loharas' or 'Lohras' are Scheduled Tribes in Bihar, the bench added.

The court questioned the state government for taking it upon itself to issue the said notification, saying at the very minimum, it betrayed total non-application of mind and attracted the wrath of Article 14 of the Constitution.

It quashed the notification and directed the state government to pay Rs five lakh as costs to the petitioners as they suffered imprisonment in a criminal case after the complainant, belonging to 'Lohar' caste invoked the 1989 Act, disentitling them to seek anticipatory bail.

"When it comes to taking decisions which affect the rights of the citizens, it is the paramount duty of the Executive to enquire carefully about the implications of its decisions. At the very minimum, it must equip itself with the law which is laid down by the courts and find out whether the decision will occasion a breach of law declared by the highest court of the land," the bench said.

The bench said the implications of the notification are deep and affect the rights of the citizens in the most adverse manner.

"We should realise the impact of a decision on the rights and what is more, fundamental rights of the citizens flowing from of Government’s action and the need to increasingly evolve a system, whereby decision making promotes and strengthens the rule of law," the bench said.

Check out latest videos from DH: