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Opinion
A Bold Judiciary
Augurs Well for the Nation
by Maxwell Pereira
Does
one sense a kind of boldness in the ranks of the judiciary lately, a
boldness that was sadly missing when occasions demanded it earlier?
We do owe our courts a lot. But for the boldness - be it over the
eco-friendly compressed natural gas (CNG) which got us better breathing
air or the sealing spree where the government was brought to its knees
hopefully to usher in some rule of law in matters of urban discipline -
things would continue to be in the rut. It does appear that the entire
governance per se is dependent today and is leaning heavily on the guts
of the judiciary.
In matters of criminal cognizance though, one perceived, till lately,
our courts to be timid. Didn't we suffer the ignominy of watching
someone accused of murder and known to be a criminal take oath as a
member of the nation's parliament?
Rajesh Ranjan alias Pappu Yadav, who wielded influence and flaunted
muscle power from within the jail where he was incarcerated, had earlier
warranted the Supreme Court to transfer him to Delhi's Tihar jail so
that distance and better supervision could control and negate his
propensity to rig an impending election, even from within Patna's Beur
jail.
It was disgusting and disgraceful to note then that the very same apex
court found its hands tied, to mechanically endorse and permit this
individual his right to go to parliament and take oath as member, five
months after being eligible to do so, because he had been duly elected
by the voters of Madhepura - his constituency in Bihar.
I suppose this didn't involve guts, just a helpless interpretation of
the nation's laws. But some consolation was the court's recent stand
denying him bail and a firm directive not to file such requests any
further.
As I see it, the discernible trend started perhaps in Maharashtra with
the conviction of a minister and bureaucrats involved in a matter of
non-compliance of court orders that led to resignations and jailing -
something unthinkable before this really happened.
The latest is the conviction in the Shashinath Jha murder case of Shibu
Soren, a minister in the cabinet of Prime Minister Manmohan Singh.
Closely following this is the conviction of the flamboyant BJP MP
Navjyot Singh Sidhu, more popular today as a TV star.
Things were decidedly different not too long ago. I remember a strange
scene some of us were witness to at a conference on the criminal justice
system organized by the Indian Law Society here in New Delhi in the
mid-90s. A spirited young police officer from Punjab then working in CBI
had made bold to express how most of the judiciary in Punjab had
capitulated and abdicated their judicial functions when Sikh terrorism
ran riot.
The magistracy at whatever levels could find their voice again, the
officer postulated, only to castigate police officers who had actually
controlled terrorism once it was subdued by sheer dint and courage of
the then police management in the state.
The officer was forced to withdraw his statement when faced with the
intimidating tenor of the dignitary chairing the session - a former
chief justice of the Punjab and Haryana High Court. This gentleman took
umbrage at the officer's direct accusation and challenged him with a "if
you withdraw your statement, I will chose to ignore that you ever made
it" kind of a threat.
But there were other instances too, not necessarily terrorism related,
when judiciary was found lacking - viewed as too timid to take on the
powerful, more particularly politicians in power.
The might of the legal fraternity is another that has always challenged
and defied judicial boldness. Early in my service career I remember a
murder accused lawyer who secured bail within 24 hours of arrest thanks
to his cronies barging into the magistrate's courtroom determined to get
him to sign on the dotted line.
There are instances when judiciary has exhibited reluctance to take on
the lawyers including when members of the bar on strike ransacked the
courtrooms in Delhi High Court and abused the justices. The police had
to be called in to save the day - strangely without Delhi Police being
asked to take cognizance of the matter.
And there is the case not too long ago of the then Uttar Pradesh chief
minister Kalyan Singh, when even the apex court after holding him guilty
ended up merely sentencing him "till the rising of the court".
Yes. Things are changing today -- for the better. It is indeed
heartening that the errant criminal politician is being brought to book,
even if it is a case of delayed justice. Is it public sentiment that is
providing fillip to judicial boldness? Perhaps!
(Maxwell Periera is a former joint commissioner of
Delhi Police. He can be reached at mfjpkamath@gmail.com)
December 24, 2006
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Opinion
The Week of December 24, 2006
Indo-Pak
Peace Talks: Moving on the Wrong Track by Rajinder Puri
2006 : The Year of Indian Diaspora by Aroonim
Bhuyan
Bloody 2006: No End to Violence in 2007 by
Col. Rahul K. Bhonsle
Words Meaning Changes and Misuse by Bush & Bin Laden
by Gaurang Bhatt, MD
In 2006, Courts Put the Fear of Law in the High
and Mighty by Rana Ajit
Can It Be The Beginning of The End of Partition?
by Amulya Ganguli
A Bold Judiciary Augurs Well for the Nation by
Maxwell Pereira
A Samuel Pepys of Emergency India by V.
Sundaram
Which God's Own Country by J. Ajithkumar
Communist Turnaround : From 'Land to Tiller' to
'Land to Tatas' by Amulya Ganguli
Communalism or Affirmative Action by Ram
Puniyani
Counting on People by Swapna Majumdar
A Tribute to a Poet by V. Sundaram
Urban Floods: Bane for
the People by VK Joshi
Tackling the
Water Crisis by Mini Sharma
In Quest of Space Colonization by Subra
Narayan
Psoriasis by Dr. Savitha Suri
Toxic Blood by Yasmin Rimi
Investing in Indian Real Estate: Is Your Checklist
Complete? by Sandeep Donald Shah
Why is Literature Indispensable for Human Life?
by TA Ramesh
Three Cheers for Thuggee Raj! by V. Sundram
Recognition for NARI's Work - A Report
The Village Bride of Beverly Hills a Book
review by K. Bharati
A Lonely Christmas in Jerusalem Shoshana
Kordova
Exposing the Hidden Half by Devindra Kohli
Porn & Mainstream Media Boundaries have become
Blurred by Elsa sherin Mathews
Mothers' Help: Home Surveillance Systems by
Gagandeep Kaur
Kerala's Feisty Fisherwomen by Nilanjana Biswas
Maternal Mortality: Civil Societies Call for Action
by Anil Gulati
The Olympics in London by Rajesh Talwar
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