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OPINION JUDICIARY

When democracy starts instances in the recent past where
There have been several other
relying more on judiciary cases are taken up arbitrarily “in public
interest” while serious cases remain-
ing pending for years together. In one
Recent instances showed that Supreme Court took up many recent instance, a group of policemen
accused of killing members of a par-
SPOTLIGHT cases arbitrarily “in public interest” while serious cases are still ticular section of society in Muzaffarna-
gar were convicted and sentenced after
biting the dust
VIPIN PUBBY a gap of 31 years!
In another case picked up by the
udiciary is the guardian of our provide details of the price of the fighter courts suo moto, the Punjab and
constitution and the last hope aircraft from Rafale “in a sealed enve- Haryana High Court had been spend-
for the citizens seeking redressal lope”. There is no doubt that the deal has ing hours of its time over scores of
Former resident editor of their grievances. It continues kicked up a major storm and there are al- dates to question the functioning of the
of The Indian Express, to command huge respect but legations of nepotism and favouritism in Chandigarh International Airport. The
Vipin Pubby is a senior J certain recent actions and finalising the deal. The sudden decision to court had been lambasting the airlines
journalist based in directives have raised questions purchase 36 state-of-art fighter aircraft for not starting flights, has been asking
Chandigarh. He can over it going beyond its jurisdiction and to facilitate a 30,000 crore contract some of the airlines to better shut-
be contacted at and encroaching into the domain of the in favour of Anil Ambani surely reeks of down and even threatening to order
vipinpubby@gmail. other two pillars of democracy. a scandal.
com. The views There have also been instances of the The government has been on the
expressed are personal government abdicating its responsibility back foot and had been stonewalling the About three Experts also pointed out that those who hours. It would have made good sense
or shifting it to the judiciary as in the case details about the deal on the grounds that like to drink don’t make up their minds if the order was to all educational
of its stand on the abolition of Article 377 the price at which the agreement was crore cases are after coming across a shop or getting institutions, including colleges and
when it left the decision to “the wisdom aimed was a “secret”. It had also been tak- pending in various attracted by an advertisement. Surely universities, to start working hours
of the court” but such instances are rare. ing the plea that disclosing details about there were other ways to curb the men- with the national anthem. And why not
The judiciary, on the other hand, had its capabilities and weapon systems courts of the country, ace than the diktat to remove shops all government departments where
been taking up issues of governance with would compromise national security and including about one and hoardings from the highways. Sub- ministers and bureaucrats should have
increasing frequency and that too at the safety. sequently, the directive was taken back been directed to stand in attention at
level of Supreme Court and various High Congress is seeking to make it a major crore before the and it is back to business as usual. the opening of office hours.
Courts. plank to take on the Modi Government higher judiciary, for Similarly, the directive to compul- Possibilities were endless but the
This is when three crore cases are in the general elections did next year. sorily play the national anthem before court directive picked up only the place
pending in various courts of the country, The government is also fighting with its several years, even the screening of a movie was a bizarre where people go for entertainment.
including about one crore before the back to the wall and has refused to make decades move. Attempts to find a precedent like Subsequently, another bench diluted
higher judiciary, for several years, even public the details of the deal. this in another country were futile. It the directive by saying it was not man-
decades. Something that is of equal sig- It is under these circumstances that could be happening in North Korea but datory for cinema owners to play the
nificance is that about 40 per cent of the the apex court asked the government to there is no way to cross check. national anthem.
posts of judges are lying vacant in high furnish the price of each fighter aircraft the closure of the airport. If there are If the idea behind the order to One can go on and on citing such
courts across the country. The number without disclosing to technical details questions of violation of laws in such play the national anthem before the cases even when the issue of vital pub-
of cases pending is increasing each year which could jeopardise the safety and cases, these are being stretched a bit screenings were to inculcate the spirit lic and individual interests are pending.
with, ironically, the government as the security of the country. too much. of patriotism and nationalism, it was How can the judiciary, for instance,
largest litigant. The highest court has, however, not Then there is a tendency to hastily a misplaced idea. There were certain justify a delay of over 30 years in bring-
Yet, the higher judiciary revels are indicated as to how would it come to any pass directions and then take those incidents in which people who didn’t ing to book those responsible for the
taking up issues arbitrarily and even conclusion about the correctness of the back. One such recently the decision stand up were roughed up by the attacks on Sikhs in 1984.
where there is no violation of laws. Very aircraft prices unless it has comparisons was to ban liquor shops, advertise- so-called patriotic people. The court The judiciary, which recently
often the judges come out with scath- to study. Again, does it have the com- ments and bars from within an area of apparently wanted all citizens to wear witnessed the spectacle of four senior-
ing observations which come out in the petence to study such a deal with the 500 meters from the highways. This led nationalism on their sleeves to prove most judges of Supreme Court to pub-
media but do not find any place in the specifications unknown to it. How will it to the closure of hundreds of shops and their patriotism. licly raise their voice against the Chief
final judgments. Some of these cases are come to any reasoned conclusion of an bars and the disruption of thousands of The Apex court could have done bet- Justice of India, must look inward and
too technical and complicated for the illegal deal. The government too has not lives. There were reports that guzzlers ter by implementing the order first in set some of its priorities right. Citizens
judiciary to come to any well thought out taken any stand till the time of this edi- would take a detour of 500 meters and Supreme Court, all the high courts and of the country can’t afford to lose faith
and reasoned verdict. tion going to the Press. The Comptroller then get liquor to consume in their ve- the subordinate judiciary and should in the institution of judiciary.
Its latest decision to enter the domain and Auditor General of India would be in hicles - certainly a worse situation than have ordered playing of the national
of the government is the directive to a far better position to judge the details. that existed before the court directive. anthem at the start of their working LETTERS@TEHELKA.COM

TEHELKA / 30 NOVEMBER 2018 38 WWW.TEHELKA.COM TEHELKA / 30 NOVEMBER 2018 39 WWW.TEHELKA.COM

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