Flies in the Face of Common Sense

The expression Flies in the Face of Common Sense is taken from an interesting Judgment of the House of Lords reported in R v. Secretary of State for the Home Department, (1995) 2 All ER 244. Lord Browne Wilkinson was faced with an argument that Section 171 of The Criminal Justice Act of 1988 vests in the Secretary of State a discretion for bringing into force certain Sections of the said Act. It was argued that the Secretary of State had an absolute and unfettered discretion to bring in or not to bring in the said Sections. This argument was rejected stating that it was not only constitutionally dangerous but also flies in the face of common sense.”

Hon’ble Justice R.F. Nariman, M/s. Servo-Med Industries Pvt. Ltd. v. Commissioner of Central Excise, Mumbai, [Civil Appeal No.583 of 2005].