25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


I start with the presumption of the supremacy of the People of India who have given the Constitution of India to themselves and the State organs comprising The Representatives of the People, The Ministers, The Commissioners and The Judges- Owe their origin, derive their authority, discharge their responsibilities and are conferred Powers, Privileges and Immunities only for one and only one purpose and that is for Safety, Security and Dignity of each and every individual. The Govts are entitled to collect Taxes from the Labouring Indians and in return to ensure safety, security and dignity to each and every Indian.

 

As regards Corruption and abuse of Powers, I say, A Police Officer or a MP or MLA or a Doctor or a Lawyer or an Engineer or a JUDGE or any member of any caste and community, when embark upon the path of illegality or criminality, he invariably ceases to be a…JUDGE. He so chooses the path in his individual capacity and responsibility. So the moment ONE acts in fancy devoid of reasons and rational, invariably, deemed to have severed his ties with the Institution he may so belong to.  And no institution can ever be deemed to have sanctions for any illegality or criminality. Institutions are beyond the scope of indulging in illegality or criminality.

 

The dignity and the respect by its very nature cannot be commanded or enforced. It is earned by service and sacrifice in a similar fashion the head of the Family earn by securing and ensuring a food security, a good education, access to healthcare, a roof to live in safely, to every member. A king merely shouting from the Ivory tower commanding Respect does not get any. Instead, People fear of him for his mindless presumed and imagined insult.

 

The Judges are not divine beings. Their acts and omissions can have the element of error and foul play inherent in every other human being. Their acts and omissions can be and must be critically argued. The essence of immorality is the tendency to make an exception of MYSELF.

 

The Courts are not mere benches where they adjudicate upon disputes but are Temples where they get an opportunity to serve and protect suffering humanity. The Court of Law or as fondly called the Courts of Equity, like the Temples, must be the place at least where People can come with no fear.

 

A Critic is a Friend of the Court. A Person who seeks to publicly criticize any Judicial action or inaction invariably requires a pack of Courage, Conviction and Complete faith in his so critical stand.

 

Ordinarily, a person publicly critical of any Judicial action or inaction doesn’t do so to malign or scandalize any Judge or Judiciary, or out of sheer fancy, or to gain cheap publicity and on the contrary he is the ONE who is concerned and well wisher of the Judge and the Judiciary. He is the ONE who wants the Person or the System to be corrected. In Fact, it is no exaggeration if I were to say that he is the ONE who wants the dignity of the Justice System be protected. ONE who criticizes has a profound interest in the well being of the criticized.

 

The inherent objective and purpose of criticism is not to malign but to ensure that a person loaded with discretionary powers exercises the same not only in accordance with law but also ensure it is socially just and reasonable.

 

The Judicial dignity and Rule of Law in the society go hand in hand. They are inalienable.

 

If at all the Judges are so concerned and passionate about Judicial dignity, why are they not disturbed, sleepless and responsive at the premise where millions of childrens are malnourished, innocent childrens are forced to beg by begging mafias, People are living on the footpath, Farmers committing suicides, millions of people displaced and never rehabilitated, in the name of development. [ Pls take Judicial notice of the fact.]

 

Why it doesn’t shocks the conscience of the Judges by the fact that millions of people still do not have access to clean drinking water and are forced to do toilets in the open. [ Pls take Judicial notice of the fact.]

 

Why it doesn’t shock the conscience of the Judges by the fact that millions of Childrens and women are trafficked for prostitution and the State fondly call them Commercial Sex Workers{CSWs}. Does this CSWs has the requisite sanction of Constitution of India. [ Pls take Judicial notice of the fact.]

 

Is it sufficed that Orders are passed on deaf ears of the State, without being follow up of their implementation. Doesn’t the Judiciary has powers to monitor implementation of Orders passed by itself. And the State leadership get away Judges momentary fury with cultivated tradition of strictures and criticism, caution and advice and are merely branded callous or worse. The Judges talking tough doing nothing.

 

I say, though not suffice, those who are victim of the Administration of justice system CRY and those not LAUGH.

 

The sustained bleeding of the section of the People’s inhumane sufferings has failed to impress the Judges. The Judges are not seen alarmed or panicked over the state of affairs. They said Ok, things are pretty good.

 

SO WHAT IF--

though families comprising the Childrens and old age may be seen barely living on the footpaths, under bridges and flyovers completely exposed to the intensity of heat, cold and rains and other inherent vulnerabilities and hazards, sharing a common space with dogs and lizards and… no rights and dignity of their violated. Its wondering where the Judges living in mansions debate if at all human beings has a right to shelter.

[ Pls take Judicial notice of the fact.]

 

SO WHAT IF --

Childrens can be seen begging. [ Pls take Judicial notice of the fact.]

 

SO WHAT IF--

childrens wash utensils in eateries and serve teas. [ Pls take Judicial notice of the fact.]

 

SO WHAT IF--

Childrens can be seen picking rags from the community bins. [ Pls take Judicial notice of the fact.]

 

SO WHAT IF--

the massacres of Sikh Community roam free;  Sanjay dutt may be given the Bail but Dr.Binayak Sen, one of the finest humanist of recent time, accused by the State as Naxalite, should not be given Bail.

 

The state of affairs can best be described as people on footpath live in continuous calamity and hence no emergency measures are required. The whole obscenity and vulgarity of poverty is overshadowed by the fact that it is widespread and massive. It has lost the shocking value. And therefore it doesn’t caught the attention of media or of the ‘State’ comprising the Representatives of the People, the Govt and the Judges.

 

Democracy implies People’s power. Can it be said with zero conviction that those on the footpath live in democracy. Is this not very exceptional, super unnatural in a democracy. Nowhere in the world with sheer certainty, would be existing such glaring inhumanities.

 

This is Massive.. Robust. Ruthless. Serious. Intense. This is tolerance of intolerable. This is an Insult and Contempt of human race.

 

It can be said with near certainty that Judges of India have hardly employed the Landmark Judgment of Hon. Justice Krishna Iyer in Ratlam Municipality Vs Vardichand(1980) in which the Hon.Court fully acknowledging the magnitude of corruption and colossal waste of public money in the State Administration, observed that the State cannot plead paucity of funds for its inability to ensure basic necessities of life. The Court further Said,
"regardless of the Cash in their coffers, even as human rights under part Three of the Constitution have to be respected by the State regardless of Budgetary provisions;
Otherwise a Statutory body or Govt  agency may legally defy duties under the Law by urging in self defense a self created bankruptcy or perverted expenditure budget. That cannot be."

 

And we have Suffering humanity at the mercy of Learned Judges.

 

I SAY

A malnourished children die with Constitution of India in his hand.

 

I SAY

Mere desh mein second ke hisab se bacche bhook aur bimaari se mar jaate hai, mujhe ye samaj mein nahi aataa yeh Judges kis baat ka itnaa ghamand karte hain.

 

It is pertinent to mention words of wisdom by some of the finest Jurists we have in recent times on the sensitive issue of Contempt of Courts.

 

The Hon. Supreme Court, thru Justice Krishna Iyer, did try to restrain the use of Contempt of Court Act 1971 when it stated in Ram Dayal Markarha V State of MP AIR 1978 SC 922 that the path of Justice is not strewn with roses and Justice being not a cloistered virtue, it must be allowed to suffer the scrutiny, even though outspoken comments of ordinary man.

 

Hon.Justice Markandey Katju has said and I quote, “In a Democracy the People should have the right to criticize Judges. The Purpose of the contempt power should not be to uphold the Majesty and Dignity of the Court but only to enable it to function.

 

As observed by Lord Denning, one of the finest Judge of England, “Let me say at once that we will never use contempt Jurisdiction as a means to uphold our own dignity. Nor will we use it to suppress those who speak against us. We do not fear criticism, nor we resent it. For there is something far important at stake. It is freedom of speech itself ”.

 

Leo Tolstoy has said and I quote, “There is no greatness where there is no simplicity, goodness and truth”. For Judges of my Country, it is time to look into the Mirror and do some soul searching.

 

The Contempt of the Court or Scandalizing the Judges is a whim that is fancy. This is an illegality for a cause. It is simply Judge’s vandalism. Overzealous defenders of Judicial dignity only serve to erode its credibility.

 

Satyamev Jayate as we call it and which is one of the foundation of our Life and it is absurd to presume that Truth came to be a valid defense only after the amendment so brought then.

 

If at all Judges seek dignity and respect, they must earn the same by ensuring and securing food security, education to every child, access to healthcare, a house to live in safely, clean drinking water, Toilets, to each and every human being so live in India. A huge section of the Population is deprived of above stated things and I am living in 61st Year of Independence and I am asking for most basic necessities of life and not TV CAR AND FRIDGE.

 

Yet a Constitution, no matter how well conceived, can only create institution on papers. Breathing life into them is up to the succeeding generations.

 

The ultimate Judicial dignity lies in People getting “Preamble Justice”, or else the Judges may seek illusory, cosmetic and customary dignity. The Judicial dignity shall occasion, by default, where the offender of law will stop laughing at the premise of threat of legal action.

With great hope of accountability and wisdom in my Guardians.


"Loved reading this piece by Sandeep Jalan?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"






Tags :


Category Others, Other Articles by - Sandeep Jalan 



Comments


update
Post a Suggestion for LCI Team
Post a Legal Query