There is a section of law, pertaining to contempt of court which actually means contempt for the due judicial process. Judges of all categories of courts have used this ultimate weapon to threaten errant officers/citizens who do not obey the court’s directives to obey them; all to ensure that due justice is delivered. However, in recent times courts are increasingly using this privilege as a shield against public scrutiny of its affairs.
Recently, Mr. Shanti Bushan who was law minister under Morarji Desai, submitted list of around 10 corrupt judges to the CJI openly daring him to debate the issue and even jail Mr. Bushan for “contempt of court”. Our CJI is not reacting well to that issue, he of course is in a dilemma. Whether to find out the details about the corrupt judges or ignore the issue and swipe the whole thing under the carpet, which is what the court historically has done. Take the case of Justice Dinakaran, the CJI removed him from Karnataka but at the same time, deemed him as acceptable to Sikkim High court. Perhaps, the level of corruption in Sikkim HC is already high, so Dinakaran will fit in perfect is the judgment here ? Curious minds are at a loss to understand why the SC is behaving this way?
Right from issue of judges declaring their assets before they assume the office to when they retire, on each issue the SC has constantly resisted all attempts at sane public disclosure. While at the same time preaching probity in public office, electoral process etc. in one ruling after another. The SC from this angle has consistently has “had the cake and eaten it too”.
Increasingly, at variance form their role of judging legality of the laws, the courts had moved into the realm of policy making and even law making, several instances of this are all over the places to make this very disturbing. E.g. the 15% quota for all India seats is the creation of SC, similarly several decisions as to how an election for speaker should happen in UP, as well as several vote of confidence measures etc., the courts have time and again intervened and created policy/rules/law. The recent ordering of Sharad Pawar to distribute the grains to the poor, however well-intentioned it might be, is just plain wrong -- in the grand scheme of separation of powers envisioned in the constitution.
Even in matters regarding selection of judges the collegium is behaving like a country club, with a we have told you so attitude that flies in the face of its own judgments handed down decrying the government’s discretionary and arbitrary processes in various selections/promotions.
It is high time, the judges started living under their own pronouncements. They can start with by giving up contempt of court privileges, or limiting them to ensuring due process and enforcement of laws. E.g. if a judgment is not enforced then by all means throw the bastards behind bars. When somebody points a needle of corruption/suspicion, then win them over with details and data – don’t fall into the gimmick of contempt of court. Similarly, when media reports on a case which is sub-judice then don’t hide behind the contempt of court law, banning all discussions. Maybe the court knows a thing or two about fallibility of judges that we do not….
This disease of arrogance and a resultant arrogation of power is epidemic in other arms of the government too. E.g. the EC bans all exit polls, if I make a good faith decision, in the interest of a stable government to vote for a party that is leading in exit polls or prior phases, why should the EC be concerned ? Colonials, did all this as they didn't trust our intelligence, our brown Sahebs in Indian Arrogant Service are intent on bettering them.
On one side, we see Judicial activism in spheres where there should not be, on the other we are also hearing about corruption in Judiciary. Contempt of court in spirit should be used against non adherence to judgements by individuals or Governments; but it is sad that it is only used to protect the Judges as you described.
ReplyDeleteFor e.g., Madras High Court has passed orders several times to demolish illegal structures on Usman road. State Government has done nothing so far. In fact this Government promulgates ordinance every year to allow this illegal structures to continue for one more year. It is a clear case of contempt of court. But court is remaining silent.
Well, I do agree with most of your entry. Though, in my humble opinion, banning of exit polls is a correct decision. Don't you think the exit polls can be easily be biased and thus beat the very purpose for which you want to use them? Seeing your opinion about the Indian media, I doubt if you will find it difficult to differ from me.
ReplyDeleteFurther, have you seen the exit polls? I have never seen as casteist as the exit polls survey shown in India. People vote for caste and not cast vote -seems to be there mantra. I am yet to see a poll which gives information on other criteria like demographics, sex or income level.
If you aren't biased in favor of congress already by NDTV brigade, similarly SUN/JAYA networks already then no further harm can be caused by exit polls... It is as simple as that. This simply smacks of colonialism, where in rules didn't believe in our intellect and forced decisions...
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