Is the Chief Justice of India above law? Is the Chief Justice "Supreme" than the Supreme Court? Looks like he is, when he mentioned that he will not hear Ms.Setalvad!
I can not accept the argument that the Judiciary can not be blamed for the widespread delay. By blaming the "computer" which chooses a case, he wants to wash his hands off on the backlogs. Judges criticize defendants in open court but when they are at the receiving end, they taste their own medicine and yell "it's bitter".
He knows that being a Constitutional authority he is not above the Constitution. Such emotional outbursts are not part of his job requirement. Nowhere in the Indian Constitution, is it mentioned that a court can refuse to hear a particular person or restrict the right to speak freely.
He knows India is a democracy and he has to live with someone who dares to criticize him.
He knows that he is paid big bucks not to blame the computer but to initiate a change to the algorithm and to those who wrote and approved it.
He also knows "beyond any reasonable doubt" that if he is not willing to hear Ms.Setalvad, he can step aside and let someone else who can.
Finally the judiciary should wake up and smell the "travesty of justice" done to those who died a violent death.
After all, it exists to avert such travesty!
Monday, February 25, 2008
Wednesday, February 20, 2008
Conflict of Interest
The Supreme Court’s call for an apology from a Zee News TV scribe is surprising. If a magistrate court can issue warrants on fictitious and bogus complaints on constitutional authorities, one can image the state of a common man. It may be illegal to procure such warrants but the intention is noble which is to bring such corruption to limelight.
The CJI’s sympathy on the magistrate who was suspended gives an impression that a magistrate’s suspension is more important than a potential loss of freedom of a common man. Fortunately the magistrate was reinstated but it is unfortunate that an arrest warrant being a powerful tool that can curtail freedom of an innocent citizen is without proper checks and balances. If one exists, no one would be asked to tender an apology.
One can not discount the theory that there are no “real” victims languishing in jails or chasing their case in a court on such complaints. It is this judicial system that failed to secure the rights of an under trial in Assam who languished in jail for 50 years before being released and awarded Rs.3 lakhs. Another under trial lived in jail for 38 years in UP before being released on bail. The sting operation proved the consequences of such warrants and that innocent citizens were locked up for numerous number of years. Monetary compensation is nothing compared to the lost freedom and liberty.
In my opinion even if a person is forced to forgo a single second of constitutional rights and freedom due to a botched up prosecution, it is the judiciary that has to take the responsibility on its shoulders and undo the wrong.
Asking for an apology from the journalist might pacify the Supreme Court but not those who cling to the branch of the government hoping that it would safeguard their freedom and rights.
The CJI’s sympathy on the magistrate who was suspended gives an impression that a magistrate’s suspension is more important than a potential loss of freedom of a common man. Fortunately the magistrate was reinstated but it is unfortunate that an arrest warrant being a powerful tool that can curtail freedom of an innocent citizen is without proper checks and balances. If one exists, no one would be asked to tender an apology.
One can not discount the theory that there are no “real” victims languishing in jails or chasing their case in a court on such complaints. It is this judicial system that failed to secure the rights of an under trial in Assam who languished in jail for 50 years before being released and awarded Rs.3 lakhs. Another under trial lived in jail for 38 years in UP before being released on bail. The sting operation proved the consequences of such warrants and that innocent citizens were locked up for numerous number of years. Monetary compensation is nothing compared to the lost freedom and liberty.
In my opinion even if a person is forced to forgo a single second of constitutional rights and freedom due to a botched up prosecution, it is the judiciary that has to take the responsibility on its shoulders and undo the wrong.
Asking for an apology from the journalist might pacify the Supreme Court but not those who cling to the branch of the government hoping that it would safeguard their freedom and rights.
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