Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS

Vijoy Ambasta

"Their allegiance to the constitution by the Judiciary is maximum or the fullest.."

 This is not correct. Many times, It violates the law in letter and spirit.

Judiciary must follow the law which at times does not follow.

Its dictate on dahi-handi is wrong. 

Why it bothers about hindu customs only?

It has nothing to say on slaughtring of bakras on eid or bakar eid.

Why it does not suo-motto ban 3 Talaq?

Judiciary can not be above people.

It must respect the people and should not indulge in making laws.

On Sat, Aug 27, 2016 at 9:40 AM, Vijoy Ambasta <vijoy.ambasta@gmail.com> wrote:

Dear Shri NS Venkatraman

In a democracy if everyone takes the law in their hands it would be chaos. We have trust in the SC much more than what we have for the politicians and the legislatures. Even though the functioning of the courts are like too many procedures and too many fees not conducive to speedy justice. The Nirbhaya case convicts are a case in point why is the convict not given the sentences they were awarded. The essence of justice is lost some where in these delays.

Someone somewhere has to trust the pillars of the constitution somewhere. Among those pillars the judiciary is the most trusted.. Once that happens MNS and Shivsena would not have defied the SC directive in Maharashtra to exceed the 20 ft level in the Dahi Handi pyramids..

The message is that let us  respect the Judiciary in their decisions. No one (R) should come in between. Then only the people's trust in the system would be restored to its maximum. The legislatures have their shackles in adverse public opinion though the Judiciary has no shackle as they follow the constitution in its letter and spirit. It is our pliable system that allowed the SC diktat to be defied the way it was done in Maharashtra thus lowering the dignity of the Judiciary otherwise those who defied or incited would have been in jail. 

 So in my opinion let us leave the judiciary alone in their decisions. Their allegiance to the constitution by the Judiciary is maximum or the fullest..

If the law minister has said that the appointment of 150 HC judges is approved then why is the delay?

Vijoy Ambasta

On 13 August 2016 at 19:38, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:

To

India Against Corruption      

                                                   CHIEF JUSTICE OF INDIA NEED TO SHOW  RESTRAINT IN  HIS OBSERVATIONS

 

In open court, Chief Justice of India has accused central government of bringing the entire judiciary to a "grinding halt" by sitting on the recommendations of the collegium for appointment and transfer of judges to high courts across the country. It is disturbing that he went to the extent of saying that the court would not shy away from a confrontation with the government, if driven to a corner.  He made such remarks even when the Attorney General assured that the issue would be taken up at the highest level.

Even while the Chief Justice made such sharp remarks, the law minister has said that  appointment of number of judges would be finalized very soon. Is Chief Justice not aware of this?

The collegium issue has been under discussions for quite sometime now and many have questioned the judges themselves appointing the judges , when several judges at various levels have been caught in corruption scandals with one former Chief Justice of India himself  being one of the accused.

Government stand appears  to be that there must be proper procedure and transparency in selection of judges. There is nothing wrong with this view.

 Chief Justice rejects the government's view and insists that he should have the final say. This stand of the Chief Justice is the origin of the confrontation.

It would have been appropriate if Chief Justice has read the mood of the people, who are increasingly not sure about  the caliber of some of the judges.

Reflecting such public mood , he should accept the need for a level of transparency in the appointment of judges. Threat of confrontation by Chief Justice is not in tune with the functioning  of the judiciary.

 

N.S.Venkataraman

Nandini Voice for The Deprived

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