Re: [IAC#RG] JUDICIARY NEEDS TO ACT AS TRUE WATCH DOGS OF DEMOCRACY AND GOOD GOVERNANCE

This morning's report in TOI says that over the last decade the very sensitive cases have gone to junior judges. The examples they quote are pre Modi era. You being a lawyer should be aware that most SC and HC judges were 'appointed' by Congress. They chose pliable lawyers and pushed them forward. 

So going by your opening sentance, the basis for your argument appears without sound basis. Political interference cannot be the basis for discomfort amongst these judges , because interference if it exists, is no greater now than before. Most appear leaning towards Congress and Left parties. JC missed CJI position twice, so there could be unhappiness and envy here.   Where was justice for 84 riots, ethnic cleansing of Pandits during UPA? Just two examples. 

'The mutiny between the four brave senior most Judges of the Supreme Court and the Chief Justice of India was long overdue. This must act as a warning and an alarm to every Indian that our very democracy is in peril.'  

You go on to say under Modi pillars of democracy are crumbling. Yes I agree Judiciary must remain independent and fair to citizens. Its a must for our democracy. But else has changed.  More than 30% criminals as lawmakers - all parties guilty, no change under Modi. Media controlled by business houses and any dissenting media side lined - no change from UPA.  Only noticeable change is the emergence of Hindu fringe groups. But you should be aware that if a community is kept surpresed for centuries and they suddenly see freedom, however msplaced in their belief, then such recations are to be expected. Yes indeed the law is not effective in many regions. But if you look arefully so was the case before. Difference is in the nature of media publcity. If you look at the enforcement agencies, I see no changed. CBI/ CVC remain caged parrots as before.  Police remains inefficient as before albeit I do see some improvements in stats whether this is true or false there is not independent analysis. Minority appeasement was there before and is there now. There is evidence of some relief to majority - but why not? 

Under Prime Minister Narendra Modi, with the sanctity of other pillars of our democracy severely dented and having gone for a toss, our only hope now remains on the Judiciary.

So what is the real reson for your discomfort? 

Democracy has been increasingly under threat in India fro many years and if anything there are signs of intent to improve this situation. 

On 13 January 2018 at 05:51, Aires Rodrigues <airesrodrigues1@gmail.com> wrote:

The mutiny between the four brave senior most Judges of the Supreme Court and the Chief Justice of India was long overdue. This must act as a warning and an alarm to every Indian that our very democracy is in peril.

 

Justice V.R. Krishna Iyer had said "Even so, the creed of judicial independence is our constitutional 'religion' and, if the executive use Article 222 to imperil this basic tenet, the Court must 'do or die'.

 

The Constitution of India is very clear on the distinct roles of the Executive, Legislature and Judiciary. It envisages a free, fair and independent Judiciary. The highest standards of judicial independence must be ensured by warding off even the faintest trace of governmental influence on the judiciary.

 

Under Prime Minister Narendra Modi, with the sanctity of other pillars of our democracy severely dented and having gone for a toss, our only hope now remains on the Judiciary.

 

With the BJP wanting to overpower the Judiciary too, there is a very disturbing disquiet over the slippery slope on which judicial values are slithering. The highest standards of judicial independence must be ensured by warding off even the faintest trace of governmental influence on the judiciary, which is the last hope for thecommon man.

 

Any direct or indirect interference by the politicians in the selection and appointment of Judges is a threat to the very Independence of the Judiciary. If the Judiciary is reduced to a mouth piece of the government, the Courts will lose all relevance and end up also as dens of chicanery and jugglery. The Judiciary should never be manned by persons who are tilted or aligned to any political party. Judges should have the spine to crack on illegalities done by all politicians, regardless of how high positions they hold. It has to be ensured that judicial accountability is maintained at all times with every Judge conforming to the highest standards of uprightness and integrity. If Judges cannot independently balance the scales of Justice, the Temples of Justice become pointless.

 

Caroline Kennedy had also very rightly said "The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing"

 

To those very few outdated who have opined that the four Judges should not have gone public,  may we remind them of what Lord Harry Woolf, a former Chief Justice of England had said "Like old clocks, our judicial institutions need to be oiled, wound up and set to true time".

Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006

Mobile No: 9822684372

Office Tel  No: (0832) 2444012

Email: airesrodrigues1@gmail.com

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Anant Trivedi
Ceng MBCS CITP