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India Against Corruption
DEFIANCE OF JUDICIARY WILL LEAD TO ANARCHY
Supreme court ordered Karnataka government to release certain quantity of Cauvery water to Tamil Nadu, which was defied by Karnataka government. Supreme court has earlier ordered that Jallikattu should not be conducted in Tamil Nadu and the case to review the order is still pending. However, in several places in Tamil Nadu , Jallikattu has been conducted defying the supreme Court order.
There have also been similar other instances of defiance of supreme Court order in the past in variety of ways.
Possibly, the main reason for such defiance of judiciary is that it does not anymore command the type of respect that it did earlier.
With supreme court judges refusing to have transparency in the appointment of judges , quite a number of judges having been caught on corruption charges or accused of being corrupt, some former judges like Katju questioning the Supreme Court orders, some of the controversial observations of the judges inside and outside the court premises, some judges sharing platform with those facing corruption and criminal charges , judiciary seems to be rapidly losing it's pivotal position and lofty image that it once enjoyed.
In such circumstances, perspective seem to be developing among section of people that the order of judiciary need not be considered sacroscent and can be defied if mass protest can be organized against the order.
So far, those who defy the court orders by threatening to disrupt law and order have got away and courts give an appearance of being helpless in tackling such defiance.
This is a very unhealthy situation and can lead to anarchy.
With the credibility of the politicians and bureaucrats being so low, people seem to think that in the present conditions, judiciary should rise up to the occasion and punish the culprits and ensure fair play. It is increasingly becoming doubtful whether judiciary is now cut out to play such role of remaining as a watch dog and conscience keeper of society.
In any case, even if some damage has been done to the reputation of judiciary in recent times, the judiciary's verdict should be accepted unquestioningly by everyone to prevent a scenario of free for all.
N.S.Venkataraman
Nandini Voice For The Deprived
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Sunday, January 15, 2017
Re: [IAC#RG] DEFIANCE OF JUDICIARY WILL LEAD TO ANARCHY
Dear Mr Venkatraman
While your concerns are genuine the fact remains that our judiciary is the real threat to rule of law in this country. Apart from the reasons listed by Sarbajit Roy, here are some more:
1. From the first principle of jurisprudence, that justice delayed is justice denied, our judiciary is an obvious and abysmal failure.
2. Worse, even after preposterous delays, our judiciary cannot be seen delivering justice in the manner 'justice should not only be done but seen to be done'. In fact I can list many cases where the judiciary has pronounced preposterous judgements and even fooled the masses. To take two recent judgements, you may recollect the apex court orders on the national judicial appointments commission and its claim of the law being against the constitutional principle of judicial independence. Anyone familiar with how the collegium system was imposed on us should know that this judgement and the presumption on which it is based are frauds of the highest order. There is a more recent one on compensating the victims of endosulphan in kasargode, kerala. The judgement says that the money has to be recovered from the pesticide companies and the state govt may also approach the centre! Those who know the facts cannot but call it another fraud decision. Here are the facts: one, the pesticide cos are not responsible as the pesticide had not been banned then; two, the culprits are the officials of the Plantation Corporation of India who irresponsibly sprayed the pesticide over their plantations using aircraft; and thirdly, there has been no action taken against the guilty officials nor has the apex court directed any such action!
3. In fact the preposterous delays of our judiciary has led to even the executive to perpetrate crimes on the citizens with impunity by driving citizens to the courts and making them wait for generations for a verdict!
4. After coming to the conclusion that all three organs of the constitution have let down the citizens most unabashedly, horribly, preposterously and with impunity I just applied firs principles to analyse which is the worst organ and here is my finding:
Amoung the three organs of our Constitution the law-makers are controlled by the people, bureaucracy (yes, bureaucracy, because without the active support of the bureaucracy no politician can do any wrong!) and finally the judiciary; the law-enforcers are also controlled by the law-makers and the judiciary. And then there are the ears and eyes of the people- the media waiting to sensationalise every news involving the misdemeanour of these authorities. Inspite of such strict supervision and control all that we can hear these days are about politician-bureaucrat-underworld nexus even though the fact remains that none, worth the name, from this unholy nexus have ever been punished by the holier-than-thou judiciary.
So now think how bad a system can be which is not only NOT subject to supervision but also kept beyond critical observation. Well isn't our judiciary is just that? And do I need to recapitulate that quip: power corrupts and absolute power corrupts absolutely?
regards n bw
ravi
On Fri, Jan 13, 2017 at 8:28 PM, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:
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