2
Senior Advocate, Mr. M.I.Farooqui,
Senior Advocate, Mr. Fida M. Kamal,
Senior Advocate.
Date of hearing: 8th, 9th , 21st, 22nd, 23rd, 24th, 25th, 28th, 29th, 30th May, 2017
and 1st June, 2017.
Date of Judgment: 3rd July, 2017.
J U D G M E N T
Surendra Kumar Sinha, CJ:
“We have upon
us the whole armour of the Constitution and
walk
henceforth
in
its
enlightened
ways,
wearing the breast plate of its protecting
provisions and flashing the flaming sword of
its inspiration.”
The eloquent words quoted above were expressed
by Justice Vivian Bose in a speech in 1954. He was
one of the Justices, who for the first time took oath
and assumed office in the Supreme Court of India on
26th January, 1950. The ‘flaming sword’ that Justice
Bose
contemplated
is
in
article
142
of
Indian
constitution for “Enforcement of decrees, order of
Supreme
Court
corresponding
and
to
orders
article
as
104
to
of
discovery
our
etc.”
constitution
which reads as under:
“The Appellate Division shall have power
to issue such directions, orders, decrees or