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High Court interprets laws, implementation govt’s job

The High Courts are for interpretation of laws. The governments should do their bit and not burden the courts with implementation.

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By Saurabh Malik

The High Courts are for interpretation of laws. The governments should do their bit and not burden the courts with implementation.

The Punjab and Haryana High Court in the recent past issued a slew of directions aimed at curtailing the drug menace in this part of the region and for ensuring noise-less environs, witness protection, rehabilitation of acid attack victims and even animal rights.

At least some of the commandments issued by the court were based on laws that have been in existence for ages, non-implementation of which apparently compelled the High Court to exercise its authority and jurisdiction to order enforcement of such laws to bring about order in society.

An indicator to this effect is an order passed on invoking the provisions of a law that provided for preventive detention, foreigners included, for a period ranging between one and two years for holding back the flow of narcotic drugs and psychotropic substances into Haryana.

Calling for the enforcement of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988,  the Bench asserted that it was enacted by Parliament to provide for detention in certain cases to prevent trafficking of narcotic drugs and psychotropic substances. Its apparent non-execution led to the issuance of directions to the state to invoke provisions of the Act. 

The order asking the state to translate into reality the provisions of an Act that had hitherto remained buried in books of law may appear to be out of the ordinary, but is not unusual. 

In yet another case, the High Court directed the states of Punjab, Haryana and the Union Territory of Chandigarh to initiate criminal proceedings against consumers of “narcotic drugs” and “psychotropic substances” to eradicate the menace. The order came at a time when task forces, set up for the purpose, were primarily focusing on traffickers.

The order again was based on an existing law wanting implementation. Consumption of drugs is an offence under Section 27 of the NDPS Act and is punishable with imprisonment up to a year in case of some drugs and six months in case of others. But addicts volunteering for treatment get immunity under Section 64-A of the Act. The absence of initiative at the administrative and governmental level, however, was the factor that weighed on court’s mind while passing the order.

Few govt initiatives 

The High Court ordered protection of witnesses by changing their identity and relocating them. Amendments were also directed to be carried out by the IPC and the CrPC to punish persons inducing, threatening and pressurising witnesses to give a false statement.

The court had to step in because the government is yet to play its part fully in ensuring witness protection. So far, a draft witness protection plan has been prepared by the government and has to be implemented by states till Parliament turns the draft into law.

The state is the biggest litigant and in a court where pendency of civil and criminal cases is 3,41,640, the governments would be well-advised to set up committees and commissions, preferably headed by former High Court Judges, to go through the existing laws, rules and regulations and suggest provisions requiring strict implementation in accordance with the varying needs of society. 

Law, and the order

Have a commercial dispute? Approach “Commercial Courts” if these have been constituted in your area. For, the Punjab and Haryana High Court has made it clear that civil courts are barred from hearing commercial disputes in areas where “Commercial Courts” have been established. It has rather directed all Civil Courts in Punjab, Haryana and Chandigarh to transfer commercial dispute cases of a specified value to “Commercial Courts”. For the record, the direction is based on the provisions of the Commercial Courts, Commercial Division and Commercial Appellate Division of the High Courts Act, 2015, which came into effect in October 2015. 

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