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| MH Cheraghi |
If we count the exclamatory signs used by the judge in Hijab judgment, it will be overtly clear that the judge is more surprised than composed while delivering the judgment. And we are not surprised to read it, as we saw the judge for more than a decade in our court.
Its easy to understand a split verdict, when one is right and another is wrong. However the problem arises when both are right.
Test of the essential religious practice (ERP), when examining a Theo-colored issue has been prescribed hitherto and that's what one of the judges applied it too. However another judge has shown the path into future and charted the course for new jurisprudence on god things by laying down the doctrine of reasonable accomodantion.
Dilemma of present is always to look at the past while moving into the future. Success of present is in not to judge the past on the future standards.
Success lies in charting new courses and broadening the horizons. Fortunately constitution framers already provided the armory for the future soldiers to fight new battles.
New ideas of future doesn't necessarily mean old ones were wrong. They were just hitherto.
Kartikey
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