Re: [IAC#RG] DEFIANCE OF JUDICIARY WILL LEAD TO ANARCHY

Dear Mr. Venkatraman

IAC is certainly not going to be suggesting that anybody, least of all our highly intellectual and elite IAC members, should support the judiciary blindly or unquestiongly. We are certainly not the noble 600 riding under Lord Cardigan down a cul-de-sac.

In turn We, the people of India / Hindustan, say that Firstly the Judiciary should unquestioningly submit to RTI.

Secondly, the judiciary must be accountable and transparent in its appointments and inner workings to their masters - the  people of India.

Thirdly, the Contempt of Courts Act and similar powers/enactments should be used very sparingly and only in the most blatant / egregrious examples of disrespect / disobedience, and not for chilling effect or to perpetuate corruption by rogue judges.

Fourthly, the judiciary should set the standard by being efficient and honest. Instead, today the vast majority of activists and other people who regularly attend courts feel that judiciary is yet another instrument of inflicting torture and harassment over the ordinary citizens, and seems more intent on being a power centre and generating exorbitantly priced employment for vast armies of their black robed "vultures" practicing in their courts, and also, regretfully to say, "bribes"/"benefits" for any rotten apples among the bretheren court/s.

Fifthly, all the examples of disobedience you have cited are directly connected with the unholy nexus between politics and judiciary / lawyers.  Observe how politicans / lawyers seamlessly move between practicing law and practising politics. Ie, if Mr. X (Sr. Adv.) is not a Minister today, well he is sure to be found up on his legs braying before some superior court judge at a minimum of 25 lakhs per appearance.

Sixthly, citizens are curious why are these learned Supreme Couirt judges interfering in things which are of no real concern to them. Who, truly, is that eminence, who seems pretty well known among lawyers for the disjointed "stream-of-consciousness nonsense prose" permeating his orders, to direct citizens to respect the national anthem by standing up whenever it is played in a cinema hall ? Surely respect is a quality earned and not imposed. Conceivably such "bloopers" (ie. foolishly erroneous) directions could cause even the pious, huimble and contrite law-abiding citizens to disrespect the judiciary further, since here is a sampling of why lawyers / media are writing "India's Supreme Court is becoming a national embarrassment"

https://thewire.in/83910/the-national-anthem-and-the-supreme-courts-popcorn-nationalism/

https://indconlawphil.wordpress.com/2016/11/30/the-illegality-of-the-supreme-courts-national-anthem-order/

http://indianexpress.com/article/india/india-news-india/supreme-court-cinema-halls-thirteen-years-ago-same-petitioner-same-judge-and-the-anthem-4404145/

Ethically speaking after reading these kind of seriously scathing opinion pieces penned by experts, even upright patriots may say that if any SC direction deserves to be contumaciously disobeyed for its audacity, fascism and disrespect to the nation that is India it is this one, and I now share also tend to these views as a proud and patriotic descendant of an author of the Jana Gana Mana *Bharat Bhagya Bidhata" and with a sense of shame that the Supreme Court of India no less is using my religion's Jana Gana Mana hymn to claim that indivduals have no rights or space for individual thought.

sincerely

SARBAJIT ROY

"India Resists"

On Fri, Jan 13, 2017 at 8:28 PM, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:

 To

India Against Corruption                

                                                           DEFIANCE OF JUDICIARY WILL LEAD TO ANARCHY

 

Supreme court ordered Karnataka government to release certain quantity of Cauvery water to Tamil Nadu, which was defied by Karnataka government. Supreme court has earlier ordered that Jallikattu should not be conducted in Tamil Nadu and the case to review the order is still pending. However, in several places in Tamil Nadu , Jallikattu has been conducted defying the supreme Court order.

There have also been similar other  instances of defiance of supreme Court order in the past in variety of ways.

Possibly, the main reason for such defiance of judiciary is that it does not anymore command the type of respect that it did  earlier.

With supreme court judges refusing to have transparency in the appointment of judges , quite  a number of judges having been caught on corruption charges or accused of being corrupt, some former judges like Katju questioning the Supreme Court orders,  some of the controversial observations of the judges inside and outside the court premises, some judges sharing platform with those facing corruption and criminal charges , judiciary seems to be rapidly losing it's pivotal position and lofty image that it once enjoyed.

In such circumstances, perspective seem to be developing  among section of people that   the order of  judiciary  need not be considered sacroscent and can be defied if mass protest can be organized against the order.

So far, those who defy the court orders  by threatening to disrupt law and order have got away and courts give an appearance of being helpless in tackling such defiance.

This is a very unhealthy situation and can lead to anarchy.

With the credibility of the politicians and bureaucrats being so low, people seem to think that in the present conditions, judiciary should rise up to the occasion and punish the culprits and ensure fair play. It is increasingly becoming doubtful whether judiciary is  now cut out to play such role of remaining as a watch dog and conscience keeper of society.

In any case, even if some damage has been done to the reputation of judiciary in recent times, the judiciary's verdict should be accepted unquestioningly  by everyone to prevent a scenario of free for all.

N.S.Venkataraman

Nandini Voice For The Deprived

nandinivoice.com

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