“If a Judge, without any reason, orders the members of say one political party out of his Court, those so ordered may seek to enforce their fundamental rights against him and it should make no difference that the order is made while he sits as a Judge. Even if appeal lies against such an order, the defect on which relief can be claimed, is the breach of fundamental rights.”

— Mohammad Hidayatullah

Full Court Reference in Memory of The Late Justice M. Hidayatullah

Adopted from Wikiquote. Last update Sept. 14, 2021. History

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Mohammad Hidayatullah 36

11th Chief Justice of India 1905–1992

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“He had been an extremely thorough and patient Judge with unremitting industry and keen sense to discover truth and do justice. Law, liberty and justice were upheld with consummate ability and independence by His Lordship. On public controversies, some of his judgments are thought provoking. He disputed the correctness of any attempt to whittle down fundamental rights while making it clear that the right to property was not forever sacrosanct. The distinction between the law and order and the public order, has been brought out succinctly in his reported judgments.”

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“A human society comes together by a general agreement in order to obey its kings. So in a truly well-ordered regime there ought to be an election of the ruler himself, by which the ruler is set up as the judge of those who choose him. Well-ordered and correct lordships and honors, then, are established by election, and so also are general judges established over those who elect them.”

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“The right response when, in the army, you are given an unlawful order, is to refuse that order. The right response of a chief executive in this state and in this nation, when faced with an order by a court that he conscientiously believes violates the constitution he is sworn to respect, is to refuse their order!”

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“#If a man wants "protection," he is competent to make his own bargains for it; and nobody has any occasion to rob him, in order to "protect" him against his will.”

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“He said the wicked know that if the ill they do be of sufficient horror men will not speak against it. That men have just enough stomach for small evils and only these will they oppose. He said that true evil has power to sober the smalldoer against his own deeds and in the contemplation of that evil he may even find the path of righteousness which has been foreign to his feet and may have no power but to go upon it. Even this man may be appalled at what is revealed to him and seek some order to stand against it. Yet in all of this there are two things which perhaps he will not know. He will not know that while the order which the righteous seek is never righteousness itself but is only order, the disorder of evil is in fact the thing itself. Nor will he know that while the righteous are hampered at every turn by their ignorance of evil to the evil all is plain, light and dark alike. This man of which we speak will seek to impose order and lineage upon things which rightly have none. He will call upon the world itself to testify as to the truth of what are in fact but his desires. In his final incarnation he may seek to indemnify his words with blood for by now he will have discovered that words pale and lose their savor while pain is always new.”

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“‘Brethren, if outsiders should speak against me, or against the Doctrine, or against the Order, you should not on that account either bear malice, or suffer heart-burning, or feel ill will. If you, on that account, should be angry and hurt, that would stand in the way of your, own self-conquest. If, when others speak against us, you feel angry at that, and displeased, would you then be able to judge how far that speech of theirs is well said or ill?’
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‘But when outsiders speak in dispraise of me, or of the Doctrine, or of the Order, you should unravel what is false and point it out as wrong, saying: “For this or that reason this is not the fact, that is not so, such a thing is not found among us, is not in us.”
‘But also, brethren, if outsiders should speak in praise of me, in praise of the Doctrine, in praise of the Order, you should not, on that account, be filled with pleasure or gladness, or be lifted up in heart. Were you to be so that also would stand in the way of your self-conquest. When outsiders speak in praise of me, or of the Doctrine, or of the Order, you should acknowledge what is right to be the fact, saying: “For this or that reason this is the fact, that is so, such a thing is found among us, is in us.””

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“Moreover, every effort should be made under the law to expedite the proceedings of justice in the case of such an awful crime. But it cannot be necessary in order to accomplish this to deprive any citizen of those fundamental rights to be heard in his own defense which are so dear to us all and which lies at the root of our liberty. It certainly ought to be possible by the proper administration of the laws to secure swift vengeance upon the criminal; and the best and immediate efforts of all legislators, judges and citizens should be addressed to securing such reforms in our legal procedure as to leave no vestige of excuse for those misguided men who undertake to reap vengeance through violent methods.”

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“He [Marcus Aurelius] constantly recurs to his fundamental principle that the universe is wisely ordered, that every man is a part of it and must conform to that order which he cannot change, that whatever the Deity has done is good, that all mankind are a man's brethren, that he must love and cherish them and try to make them better, even those who would do him harm.”

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“The new order contradicts reason so fundamentally that reason does not dare to doubt it. Even the consciousness of oppression fades. The more incommensurate become the concentration of power and the helplessness of the individual, the more difficult for him to penetrate the human origin of his misery.”

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Source: "The End of Reason" (1941), p. 44.

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Mohammad Hidayatullah 36

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