Analysis

Supreme Court Remains Supreme...

Hats off to Hon’ble Justices G S Singhvi and A K Ganguly. It appears to me a miracle that whenever dark clouds are gathering in the sky of our national life, there is always a ray of hope to show us the path. These may be due to the pious thoughts and righteousness of our ancients.

I am an ordinary citizen without any political leaning or legal knowledge. My analysis and views are based on the reports in TOI of January 03, 2012.

The headline reads: SC Cancels Licence to Loot 

This judgment is very strongly worded, specially the word ‘loot’ should be an eye opener to all those who are in power. The reactions of Mr Arun Jaitley, Mr. Subramanyam Swamy, Mr. Prashant Bhushan and Hon’ble Kapil Sibal are highlighted in boxes. The views of other leaders like Mrs. Brinda Karat, Mr. A B Bardhan, Mr. Niloptal Basu and main opposition BJP are also outlined. However, I shall not be guided by any of these. As I have said earlier, I am not a high-profile individual and my views simply echo those of any common citizen.

On the surface it appears that SC has not indicted PM and the Home Minister, who was then Finance Minister. However, SC has simply honoured the august office of PM and a senior Cabinet Minister and refrained from handing down any direct punishment to such high-profile men to uphold the prestige of our nation. The government should appreciate the spirit of the Apex Court. 

Mr. A Raja, the then hon’ble minister has been indicted in auctioning the 2G permits. However, any minister whether at centre or in state does represent the respective government. No minister can be singled out and be delinked from the government. His decision is also the decision of the government. In that sense, if Mr. Raja has acted on his own he has violated the norm; either he has no respect for the government or the PM or he gets protection from some external source for his survival. That is a very dangerous situation.

The other aspect that has surfaced from these investigations is the role of MNCs which appear to be dubious and detrimental to our national growths.

In the present scenario instead of protecting the misdeeds, the PM should make course corrections of his erring colleagues for the benefit of the nation. The poor nation expects a lot from the PM.   
 

03-Feb-2012

More by :  Dr. Kumarendra Mallick

Top | Analysis

Views: 3467      Comments: 2



Comment You are very right, Dinesh ji. Basically, what I feel, SC did not embarass the nation by punishing a PM. It is a chair, not a person. However, under the shodow of this verdict the Home Minister escaped!! I do remember how Hon'ble Pranab Mukherjee rshed to US to meet the PM when such a news leaked!!
Anyway, 'Akalmand ko ishara kafi' hona chahiye!! Thank you, sir.

kumarendramallick
06-Feb-2012 21:54 PM

Comment Dear Sir,

I am also not a law student, but still have the basics from what I read in civic science text books in my high school days.

I don't think SC is supposed to refrain from pointing out guilt even if the guilty is heading cabinet or a member of the cabinet.

Court decisions are not supposed to come out in reference to whether alleged person holds a high post or not.
(In fact, the higher the position the more sever the punishment should be)

Therefore, using the above arguments as base, SC has narrowly escaped from giving a perfect judgement.
Even though the judgement given carries a lot of weight and importance, but it still did not deliver 100% justice - I believe.

Dinesh Kumar Bohre
06-Feb-2012 14:07 PM




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