If the allegations against the CJI have “no substance” at all, then one cannot understand what prompts the SC to keep the report away from public visibility when right to information is the rule right now.
Transparency is the right thing for the SC to preach about but not to practice, particularly when its chieftain is in cloud, under serious allegations that cannot be brushed aside except by a committee of the ones who favour the accused but not others.
Of course there are many other reasons which do not allow a prudent man to repose full faith in the CJI in this disputed sexual allegation issue.
Nice to see that there are people who have full faith in the Chief Justice of India (CJI) even if they have never been a witness to the incident which happened in closed doors of the CJI’s workplace where none of the testifier was present and believe in things that they hear with full faith and without any trace of doubt which every lawyer should have while dealing with everything. Such faith holders and believers make Indian judiciary from bad to worse and CJI a laughing stock. India has a history of having great judges and CJIs well respected by everyone but the situation has changed.
Similarly India has a well established trajectory of criminal procedure to deal with sexual allegations or assault which every citizen of India is expected to follow whether he is a judge or a taxi driver or a sweeper.
What some people say is that to Chief Justice of India such procedures are not applicable at all. He himself will decide when any allegation arises. His subordinate will declare that the allegation is scurrilous or unsustainable in the eyes of law. His subordinate judges will declare that there is no substance in it.
Thanks for the educational essay.
We may try to crystallize some of our ideas, making use of this unpleasant episode in our legal world.
The former Chief Minister of Tamil Nadu, noted for many brilliant statements, said that the law was a dark chamber in which the arguments of the lawyers served as lamps. Though I have been appreciative of this rhetorical statement, I have not been able to agree that the law has to be comparable with a dark chamber. Maybe such a statement is to some extent true in the case of the English legal system introduced by the British in our country. Our native legal system has always been famous for its simplicity and transparency; and what is more, efficiency.
The second part of the statement is, however, to be borne in mind by the lawyers as a guiding directive forever. They may fully use their legal skills and highlight the rights and concessions available to their sides but should never use their skills to misuse the provisions of the law or to substantiate or justify what - to their own knowledge - is not righteous. They should never knowingly take up wrong lines of argument at the cost of their own dignity.
Differences in levels of understanding and presentation cannot be avoided in any field of knowledge. A learned Brahmin may be saying 'Satyam vata' referring to the Vedic command to speak the truth. But the knowledge had perfectly percolated to all the levels of the people. Even an illiterate peasant used to be equally knowledgeable and express the same idea. It was only that his expression would be simpler but nonetheless effective and authentic. He would perhaps say, "Come what may, we cannot go back on our words."
The legal educationists and practitioners can greatly help the people and contribute to the improvement of judicial administration by strengthening their noble professional value system; and, by spreading the legal knowledge and simplifying the practice of law in India.
The best Article.
Read the articles on the issue in The Wire, the baseless and lopsided views expressed here could be understood.
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