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11. Thus the petition has to be allowed on each and every point canvassed by the petitioner.

12. This case demonstrates the urgent need on the part of the courts to exercise restraint more so in cases where Special Courts were set up to deal with offences which the ordinary courts could not be dealt with under the exciting Laws. Laws like T.A.D.A. Act are anathema to our democratic State. However, sometimes in order to preserve our integrity and sovereignity such Laws have to be enacted because the existing laws are not capable of dealing with extraordinary situations. If the Police Officers in the exercise and discharge of their function carry out their duties as entrusted to them and in exercise of the powers conferred upon them, a solemn duty is cast on the courts also while passing judgments to observe restraint and caution. It is a sad reminder as in this particular case where after the Court itself arrives at a conclusions that the witnesses have turned hostile and the Court being aware of the accused arrayed before it, took recourse to section 250 of Cr.P.C. Judicial conscience ought to have been activated when witnesses had turned hostile or refrained from deposing before it. In the name of judicial activism Courts many times lose sight of the fact that like them there are two other important Constitutional functionaries the legislature and the Executive. Respect for each other are the hall marks of a Constitutional Democracy. Courts step into to protect individuals against arbitrary action by the other wings. That does not mean that at every drop of a hat we have to go for the jugular. If one arm of the Constitutional functionaries are wanting in their functions, it is the duty of the other to give a helping hand to restore the balance. Restoration is not by caving in or failing to discharge responsibilities, but on the contrary, the roles of the elder and the wiser. Such an approach alone will help us in strengthing our legal system. In conclusion, I extract the following paragraph from Lord Denying's book "What Next in the Law":-