Is there no Lakshman Rekha for Apex Court?
Supreme
Court is Supreme in judicial prudence and pronouncement of judgement and it is
the last resort of any Indian Citizen to get justice for any wrong doings of
both Central and State Governments.
In the
process, Apex Court is supposed to maintain utmost balance in dealing and
commenting when hearing any important cases particularly Public Litigation
Cases - involving rival Political Parties. In short, there should not be an
iota or a semblance of Judicial Activisms.
For any
public servant, however high he may be, there is always a Lakshman Rehka which
should not be crossed and only such a scrupulous restraint will be applauded by
the Lady of Justice holding her scale blind folded.
Let us now
take the case of Goa. The Congress was
aggrieved by the action of Mridula Sinha, Goa Governor who had not invited them
to form the Government having secured the largest number of seats in the
recently held assembly election - well above the BJP - Congress - 17 and BJP -
13 - both short of halfway mark of 40 seats, it is natural that the Congress
had knocked the door of the Apex Court for justice. In the course of the
hearing, CJI Khehar, Supreme Court Judge, had said: “If you had a majority, you
would have held a dharna outside Raj Bhavan!”
Is it not
odd to hear the Court encouraging a political party to do dharna?
Is it not
going beyond Lakshman Rekha?
I feel it
is!
Case
2:
Calcutta
High Court Judge C.S.Karnan, a Dalit Judge as he wants to identify himself, was
summoned by a bailable warrant in the contempt of court, but, he is defiant to
appear before the Supreme Court Judges. Karnan had written a letter to the
Prime Minister stating that many Supreme Court judges are corrupt and CBI
should probe their corrupt practices. The controversial judge had also alleged
that he was a victim of caste bias as he was a Dalit and on that count, the harassment
was inflicted on him by his superiors.
Now, Karnan
is said to be in touch with Bahujan Samaj Party national president Mayawati to
support his case and his proposed protest demonstration and day-long hunger
strike in Lucknow! Karnan wants justice under the appropriate criminal
provisions of the Schedule Castes and Scheduled Tribes (Prevention of
Atrocities) Act 1989 and other penal provisions against the judges named by
him. It is further stated that Karnan,
in order to get justice, is proposed to hold protests and a day long hunger
strike in Delhi, Chennai and Kolkata!
Lakshman
Rekha was completely erased in Karnan’s case by himself and Karnan has become a
“Law unto Himself” and drawing strength and succor under the caste umbrella
duly supported by some vested parties like BSP. BSP is perhaps spearheading a
new code of Dalit Justice - where Mayawati is the presiding deity!
Constitutionally,
the only process for sacking a judge of the SC or HC is through a removal
motion passed by a two-thirds majority in each House of Parliament. Till date,
no judge has been removed by Parliament though such motions were initiated
thrice. The caste angle to the case also threatens to generate a controversy if
matters reach Parliament.
Case
3:
Whether the
Supreme Court had crossed the Lakhman’s Rekha, while hearing the petitions in regard to the
Centre’s demonetization notification?
Let us
first quote what are the observations of the Supreme Court.
The Apex
Bench comprising Chief Justice T. S. Thakur and Justice D.Y. Chandrachud said:
“Carpenters, maids,
vegetable sellers are dependent on cash. Are you capable of reducing their
trauma? Your aim is to wipe out black money but people are traumatised standing
in queues for hours doing nothing.
People are seriously affected and doors of courts cannot be shut in
a situation which may lead to riots.”
The Apex Court observations
particularly about ‘riots’ were tantamount to encourage the affected people to
go in for riots to get redressal instead of knocking their doors for justice!
Even if the Apex Court might not have meant it, the tragic truth points towards
that conclusion only. Where was their Lakshman Rekha?
Case 4:
Strange! SC opened its
doors at 3 am for Yakub Memon - a Bombay Blasts Convict!
Anyhow the
Supreme Court dismissed 1993 Mumbai blasts convict Yakub Memon's last-minute
attempt to escape the gallows by rejecting his plea for a stay on the death warrant.
"Stay
of death warrant would be a travesty of justice. The plea is dismissed,"
said Justice Dipak Misra, heading a three-judge bench, in an order in Court
Room 4 which was opened for an unprecedented 90-minute hearing that started at
3.20 am and ended a little before dawn.
The court
further observed: We will be failing in our duty by allowing stay of death
warrant. On the first glance the submissions made on behalf of Memon looked
attractive but on finer consideration the case of the convict does not carry
much weight.
But, the
main question by the common man in the street is this: Why did the Apex Court
open its doors at midnight and that too, for a terror convict? Perhaps, the
Apext Court had crossed its Lakshman Rekha again and that too for a convicted
terror waiting to be hanged just a few hours ahead!
Awakening Call
by Apex Court, at last!
Let us reach out to victims and not convicts, says Chief Justice J.S.Khehar.
In the
recently held 15th All India Meet of State Legal Service
Authorities, Chief Justic Khehar said referring to the Supreme Court’s
unprecedented midnight hearing of Mumbai blasts terror convict Yakub Memon
hours before he was hanged to death:
While the
legal machinery worked overtime to give terrorists and hardcore criminals
access to justice, there was hardly a mechanism to reach out to their victims.
I have
wondered over the years, what about the victims. I have wondered over the years
what about the families which have lost their bread earner. I have wondered
over the years what about the acid attack victim who has been defaced and
cannot survive the society. I think about rape victims and their lives and I
wonder why we do not reach out to them. I wish to make an appeal to you all
legal luminaries as a patron of the organization. Let us reach out to the
victims. Make 2017 a year of the victims.
Perhaps,
the Apex Court had redefined its Lakshman Rekha!
Long Live
Legal Justice.
THINK INDIA THINK!
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