Andhra Pradesh Court November 1950 Judgments

Abdur Rahim and ors. Vs. Joseph A. Pinto and ors.

Court: Andhra Pradesh

Reported in: 1951CriLJ1333

Naik, C.J.1. I have carefully read through the two judgments of my learned colleagues, Shripatrao and Ansari JJ. I do not feel the necessity of writing a separate elaborate judgment. They have dealt with all the points arisirg in the cases thoroughly and exhaustively. I entirely agree with the decisions given by them in their separate but concurrent judgments.2. I also hold with them that the guarantee of equality before the law or the equal protection of the laws, contained in Article 14 of our Constitution means substantial equality of treatment under the laws. Equal treatment does not necessarily mean identical treatment. In fact, identical treatment in unequal circumstances amounts to inequality. In other words, in different circumstances the variation in legal procedure is not only permissible bulb necessary. Equal protection of laws does not mean protection by identical laws. Sometimes, it is necessary to abridge the ordinary procedure in the interests of justice itself. Of cours...