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Is chaos in the ranks of Supreme Court a threat to the Indian Judicial System?

Why did have four apex judges of Supreme Court of India have to go public regarding a matter which could have been solved internally?

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SC Judges went in an open dissent against Chief Justice Dipak Mishra by calling a press conference. Wikimedia Commons
SC Judge's open dissent against Chief Justice Dipak Mishra as they called a press conference. Wikimedia Commons

By Salil Gewali

When the judges become noisy plaintiffs, who will deliver the judgment? This was the kind of unprecedented situation that we witnessed last week. Yes, Supreme Court is the last resort where an estimated one hundred and twenty-five crore people repose their faith. We are the public having great faith in democracy. However, when the custodians of the democracy themselves openly roar that “our democracy is in danger”, where do we go? Well, the people of this country had to face such ‘comedy of errors’ enacted by four devious judges — all in the name of expressing displeasure, grievances, more candidly, when the country is ruled by the upright PM Modi whom they dislike.

Also read: Rise of PM Modi and roar of subversive forces

For whatever be the reasons, the stooping low by these judges has led people to lose their faith in the judiciary. Is it not a sort of degeneration because it also showed there is an obvious rift between the protesting judges and the Chief Justice of India. One of the judges had again said that there was no constitutional lapse on the part of the Chief Justice, but the convention, practice, and procedures that he followed while awarding cases to various judges were in question. He was also categorical that they would sort out this issue among themselves and no outside intervention is required. What does one not understand is, why did they “go public” with their internal issue, if they felt, they, themselves could sort it out? Whom were they trying to trick after breaking the established principle of judicial restraint?

Justice Kurian Joseph was one of the four judges who called the press conference. Wikimedia Commons
Justice Kurian Joseph was one of the four judges who called the press conference. Wikimedia Commons

It is very true that some things were not going well within the four walls of our judiciary. But are all things going on, in order, in this great country of ours where political leaders and a certain brand of media fraternity ceaselessly groan and moan? They all overwork to push for their host of devious agendas. They are too alert to something but play deaf and dumb for many other things. These very undesirable acts by these elites that have only been draining the very values of the democracy and national sovereignty.

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Yes, in this particular case, the rule of law itself has been undermined. This has clearly raised the questions of integrity and propriety. What is astonishingly outrageous is the fact that after a short while of the press conference a CPI leader D. Raja rushed to visit Justice Chelameshwar to shake hands. Does it not sound too fishy and unethical? Do we still doubt that it was a preplanned scheme? Who now disagrees that there were not the skeletons in the closet. Very soon they all might frighten us all, nay, the whole nation.

Further, if the learned judges had the solution to their stated issues, was their press conference not tantamount to washing dirty linen in public? Could they not have imagined the adverse effect of their action on the citizenry? However genuine their grievance is, which they may claim, it has invariably dented the very credibility of the Apex Court. The esteem with which people looked at it has now been just eroded.

The Indian system faced a huge crisis on January 12 when 4 senior judges called a press conference to discuss a matter which could have been solved internally. Wikimedia Commons
The Indian system faced a huge crisis on January 12 when 4 senior judges called a press conference to discuss a matter which could have been solved internally. Wikimedia Commons

Read more: Is Islamic inequality a conspiracy against the God?

On the other side, the opportunistic politicians have been too quick enough to feed on the fodder that was generated. As usual, the Congress President Rahul Gandhi lost no time to attack BJP. The CPI leader, D. Raja got his opportunity to make his otherwise obscure presence felt in public. Some other corrupt politicians acted swiftly to get Anuj, the aggrieved son of late Justice Loya in front of TV cameras to “request all to not harass or trouble” the family. Anuj became a pawn in the hands of the high and mighty. Instead of saving the family, in the garb of helping them, the unscrupulous politicians are trying to put them in dire straits. Our greedy and self-centred politicians turn anyone in distress into a pawn in their hands. And they are ingenious in turning any untoward incident into demonic opportunity. If these dishonest politicians have their way, our country will have disaster written all over.

Salil Gewali is the author of ‘Great minds on India’. Twitter: @SGewali

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Democracy Gone to Dogs?

The party leaders in Andhra Pradesh are assuring the "free electricity to all Masjids and Churches", and very special facilities to the students following Islamic faith. Is it not against the constitution to practice open discrimination in terms of religions and castes?

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facebook, congress
Earlier Congress spokesman Manish Tiwari had said that the party needs to check the veracity of these pages/accounts, "whether the Facebook pages are linked to us". Wikimedia

BY SALIL GEWALI

If a party’s leaders and its “narrow policies” are more important than the country, one should doubt the integrity of the party itself. Its ulterior motive should be exposed. Yes, wild allegations, vindictiveness, deceits are what have been adopted by the majority of leaders of certain political parties. Please note that lot many things in the country have long been going against the very principles of democracy.  Is it not too much that the Congress party should have a high command consisting of only one kind of people? A person with childish immaturity and lacking complete political acumen has been offered the highest post and is given free hand. I think it is utterly disastrous. Not just that, in the party the seasoned political leaders are not allowed to stand tall and throw their weight. Is this not undemocratic itself? This perhaps is driving many people away from party for past few years.

With emphasis I further say that the aspirations of diversified communities cannot be fulfilled by those who have lost in the wilderness of selfishness and raw vindictiveness. Yes, the past sixty years have brought forth absurdities galore in Indian politics. We have leaders who are murderers, we have leaders who have amassed untold wealth and so on. Some of our leaders are under matric who can’t even read the oath’s content correctly.

democracy
We have leaders who are murderers, we have leaders who have amassed untold wealth and so on. Some of our leaders are under matric who can’t even read the oath’s content correctly.

Look at, a person usually ends up being blacklisted for petty wrongdoing which bars him from fighting even for a job. The miseries and worries only await him/her throughout life. But, on the other hand, the political leaders are allowed to run for the topmost posts in the country in spite of several serious criminal offenses and incompetency. Not just that, they can contest the election right from the “jail”. Is this not an abnormal disparity and also the soft underbelly of the Indian polity? Is this a healthy sign of democracy for which we are proud of? Still formidable, some of the parties’ leaders are coming out against the very principle of the sovereign nationhood. True, we have lot many questions than answers.

Very funny, one who ask for votes under the guise of Dalit are bursting with wealth. Yesterday maybe in rags but today they are flushed with riches!  Just check with Mayawati, Mamata Banerjee and the like. Were they all not entered politics wearing the outfit of penance and pledging to serve humanity? But they are now found to be involved in numerous unholy deeds. Discrimination, brutality, and arrogance are what they have embraced all along. The solemn terms of significance like a comrade, proletariat, communism of Communist party have almost reduced to the pretext just to eyewash the masses. Under the cover of this ideology, a lot many massacres have been brought off.  Karl Marx, Friedrich Engels, Mao Zedong must now be shedding copious tears in heaven as their followers are misreading their masterpieces and taking up the arms to hurt humanity.

democracy
We have leaders who are murderers, we have leaders who have amassed untold wealth and so on. Some of our leaders are under matric who can’t even read the oath’s content correctly. Pixabay

Furthermore, here in the democracy you can emphatically speak “lies” and still you can claim yourself as the most truthful. Here the lies can also be “processed” successfully. It involves a simple technique. Repeat that lies as true many times.  Many false ideas have thus been got across as true and vice versa. There are many agencies or service providers these days that discreetly help turn a lie into a wholesome truth. Thanks to the people who have almost learned to accept lies without any grudge!

Nothing could be so disgraceful than the fact that the general citizens are taken for a ride so easily in democracy. Look at, just to win the election the certain National party, more precisely Congress Party, is promising moon. Will giving Rs 72000/- per annum to every poor citizen be viable. The party leaders in Andhra Pradesh are also assuring the “free electricity to all Masjids and Churches”, and very special facilities to the students following Islamic faith. Is it not against the constitution to practice open discrimination in terms of religions and castes?

democracy
Nothing could be so disgraceful than the fact that the general citizens are taken for a ride so easily in democracy. Wikimedia

Yes, no wonder, we just become awestruck by any “falsity” if that comes out from the political party we love to fall back upon. But we strongly condemn and belittle any worthwhile plans and policies if they are formulated and implemented by the party we choose to dislike. How come good initiatives done towards the nation building can be blameworthy? But too strange, that the renowned scholars and columnists come out to criticize and demean them.  One feels, this way we have willfully “blunted the sharpness” of our own intellect and reasoning faculty. We also pollute our thought-process and mislead our general public and hurt the nation.

Here one’s question — ‘should we still hold the custodians of constitution free from blemishes and prejudices?’ No, never they are quite “culpable” for such development. If one dispassionately re-evaluates the cases, one gets overwhelmed by the surge of despondency and regret. Our designated custodians have tolerated so much of lawlessness and the “self-expediency”. A good many past missteps or lackadaisical attitude of the “guardians” of the constitution have led us up to this tragedy. Keeping mum when a house is in fire is itself an open invitation to the trouble. It seems almost the same has happened in Indian politics. The guardians of the constitution have sealed their lips and as a result now we have an uncontrollably tumultuous orgy of political farce.

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Phew, this is how in the cauldron of hot-mix of politics, the leaders without integrity and the confused citizens, the democracy has virtually suffered the irremediable disfigurement.

Salil Gewali is a well-known writer and author of ‘Great Minds on India’. 

Twitter: @SGewali