ENGLISH

PRESENTATIO
N

Moti Ram & Ors vs State Of M.P on

24 August, 1978
PETITIONER: MOTI RAM & ORS.
Vs.
RESPONDENT: STATE OF M.P.
DATE OF JUDGMENT :
24/08/1978
BENCH: KRISHNAIYER, V.R.
BENCH: KRISHNAIYER, V.R.
DESAI, D.A.
CITATION: 1978 AIR 1594

ABOUT THE CASE

In this case, the petitioner who
wasnt financially very affluent was
told by the Magistrate to pay the bail
amount of Rs.10,000 and he also
rejected the request of the
petitioners brother to be his surety.
It was thereby , held by the court
that the petitioner shall be released
on his own bond of Rs.1,000.

JUSTICE KRISHNA IYER

The man
who saved
Supreme
Court from
Supreme
Shame

About Justice Krishna Iyer

Born15 November 1915
Palakkad,,Madras Presidency, India
Died:4 December 2014(aged99)
He was a judge of theSupreme Courtin 1973, was
judge of the Kerala High Court and a member of the
Law Commission.
He laid the foundations for the induction ofPILs
(Public Interest Litigations)in the country with a
series of cases.
He was conferred with thePadma Vibhushanin 1999 .

Writing Style
A legend , game-changer and enigma
in the Indian Law, Justice Iyer was an
accomplished writer who penned
many books along with an
autobiography. It has been said that
he married law and literature.
His famous judgments were not only
given in beautifully carved words but
they were given based on human
experiences.

 He has written some 700 judgements

with bold ideas.
He used imagination and had a grand
style of writing. (Chitan J. Vaswani vs
State Of West Bengal )
He usedriverine imagery(Shamsher
Singh).
His philosophy was that he always
wrote from the heart.

USE OF REFERENCES
In the judgement, talking about how
the rich and poor are alike in the
eyes of law, Iyer quoted the French
Poet :
'The law. in its majestic equality,
forbids the rich as well as the poor to
sleep under bridges, to beg in the
streets, and to steal bread",
lampooned Anatole France.

 While talking about the various

provisions of Bail and right of
prisoners , Justice Iyer Quoted Gandhi :
Where doubts arise the Gandhian
talisman becomes a tool of
interpretation: "Whenever you are in
doubt.... apply the following test. Recall
the face of the poorest and the weakest
man whom you may have seen, and ask
yourself, if the step you contemplate is
going to be of any use of him.

OTHER USE OF LITERARY

DEVICES
Talking about the mockery of equal
protection of the laws within the
territory of India, Iyer wrote :
If mason and millionaire were
treated alike, egregious inegality is
an inevitability.
Stating the inequality between rich
and poor in India , he wrote :
Affluents do not befriend indigents.

Praise for Justice Iyers

Writing
Krishna Iyer who had what Nariman called
that abiding quality of a great judgehe
was fearless.
Professor Blackshield said that Krishna Iyer
made the case of Ediga Anamma more
sensational by the usage of the colourful
language.
Swami Ranganathanada said his
judgements always have a fresh breath of
air.

 Radhavan, Court Master said I initially

thought Iyers style was laboured but was
soon convinced that the language simply
flowed on every occasion naturally. Not,
like a gargoyle spouting occasional storm
water, but in ineffable sweetness and
continuity.
Justice Desai praised by saying Like a
sculptor chiseling marbel to carve out life
like shapes and forms, he weaves legal
thoughts and words into master-pieces
judgments.

LANDMARK JUDGEMENTS
Shamsher Singh case which
interpreted the powers of the Cabinet
with that of the President.
Maneka Gandhi case which paved
the way to read the plain words "right
to life" and "personal liberty", to
meanmany human rights now, thus
expanding Article 21 of the
Constitution.

VOCABULORY
Majestic having or showing impressive
beauty
Proletariat working class people
Stultified cause to lose enthusiam and
initiative
Somber dark or dull in colour or tone
Egregious outstandingly bad
Indigents a needy person
Conglomeration a number of different
things

THANK YOU !!
- SIMRAN KAUR
DHANOA
BA.LLB (Hons.)
101/12
7th SEMESTER