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Regular-article-logo Saturday, 04 April 2026

Bend the law, don't break it

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SUMAN K. SHRIVASTAVA Published 17.04.07, 12:00 AM

Ranchi, April 17: The National Human Rights Commission (NHRC) has decided to fund a project to study violation of human rights of tribals in half-a-dozen states, including Jharkhand. Justice Shivraj V. Patil, Member of the NHRC, asked the Jharkhand Judicial Academy to prepare the proposal.

Justice Patil caused a stir at the workshop on human rights held here over the week-end when he asked the subordinate judges to “bend the law, not break it, to do justice.” Exhorting the subordinate judiciary to be pro-active, he explained that judges need not over-react or break the law; but instead they must explore all legal ways to provide relief to people.

Drawing on his own experience as a high court and Supreme Court judge, he spoke of several cases when he chose to reserve the order and search for a remedy, convinced that justice demanded the petitioner was given relief though a plain reading of the law suggested otherwise.

Lamenting the absence of a state human rights commission, Justice Patil said the commission is not meant to find fault with the government. “On the other hand, the commission can work as a facilitator and not a hurdle in the administration of justice,” he declared.

Chief Secretary, A.K. Chugh responded by assuring that the government would take steps soon to create the panel. Justice R.K. Merathia of Jharkhand High Court also created a flutter by revealing people claiming affiliation to political parties or Naxal outfits are terrorising subordinate court judges and influencing justice. It is a dangerous trend, he declared, as in some cases the courts had succumbed, he added.

The director-general of police, J.B. Mahapatra, proved to be the smartest. He disarmed the judges by candidly confessing that the police do have an image problem and not without reason.

He then proceeded to make a power-point presentation dealing with every possible human rights violation that the police are accused of — both before and after arrests — like custodial death, torture, third-degree, rape and so on. Admitting the presence of some black sheep among policemen, he then proceeded to dwell on remedial steps that are possible.

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