Page 34 - English Tehelka Issue 3&4

politics

• Change of guard Justice Gogoi will take
How Dogmatic Marxiststs are
over as CJI after Justice Misra retires

a legal battle in the HC and the SC.
The CBI has even arrested a former Obscuring Future of Left in India
judge in the bribery scandal per-
taining to the case which was aimed
at ‘fixing’ judges. The CBI has applied
to the SC to investigate a sitting
judge of Allahabad High Court. The CPI(M) leaders must acknowledge that it isn’t a national but a regional party that cannot make an
case was heard by a bench headed impact on its own. Joining hands with the Congress, a stronger and secular party, is the only solution
by the CJI and the Prasad Medical in the interest of Left politics in the country, vivashwan singh writes
received relief from it.
The case became controversial
and in November last year Justice
Chelameswar ordered, in response Neither of the two pointed to the post of CJI by super- ladimir Lenin once said, the first time in nearly 60 years. Yechury and Karat represent the
to a petition by Advocate Kamini seding senior judges. At that time, “The idea that we can In July 2008, Prakash Karat, ig- interests of the party’s West Ben-
Jaiswal that the case should be cases questioning the executive was making appoint- never make compro- noring the opposition of Bengal gal and Tripura, and Kerala units
heard by another five-judge bench the CJI has yet ments and had a say in the affairs mises and changes of unit and defying the advice of party respectively, the states where the
of senior judges. The CJI intervened of the Supreme Court. However, V tack during this war patriarch Jyoti Basu, withdrew sup- CPM still has a presence. The Kerala
and ordered that he alone was the received treatment when we see Supreme Court judge- (Bolshevik revolution) is childish.” He port from the UPA government. This party unit’s opposition to Yechury is
Master of Roster, and hence, only he to the satisfaction ments in Keshvanand Bharati Case had pointed that there were “cases of reckless decision not only failed to explained by the fact that the UDF
could assign cases to benches. or in Golaknath Case that the basic exceptional difficulty and complex- topple the UPA at the Centre, but headed by the Congress is the only
SC lawyer Prashant Bhushan of the complaining structure of the Constitution cannot ity, when the greatest efforts were also gave a heavy blow to the Left viable alternative to the CPI(M) in
has demanded an in-house in - be touched and fundamental rights necessary for a proper assessment parties, particularly the CPM. In the Kerala; Karat’s anti-Congress ap-
quiry into the conduct of the CJI by parties cannot be curtailed by Parliament, of the actual character of this or that 2009 General Election, the Congress proach makes perfect sense to Ker-
five senior-most judges including we find examples of independence ‘compromise.’ “Lenin also points out ala legislators. The alignment with
the four who had come before the ingh — wanted the SC not to bar the of the judiciary. We hardly have any that the history of the Russian Revo- Congress, even if it is for a national
media. In his complaint to the five High Court from hearing the matter. such examples in the recent past. lution is full of examples of compro- purpose, might be challenging for
senior-most judges, Bhushan has However, this was not accepted by Will the move of the four judg- mises carried out by the Bolsheviks, One misstep taken the CPI(M) unit in Kerala, because it
contended, “The facts and circum- the court. The motive of petitioners es help the judiciary to regain its which he calls “changes of tack”. The by a rigid general is difficult to explain joining hands
stances relating to the Prasad Edu- who went to the SC to demand the ground? This seems unlikely. CPM Bolsheviks made deals not only with with the local principal opponent.
cation Trust case show prima facie investigations is also being doubted. leader Sitaram Yechury has even other revolutionary forces but also secretary 10 years However, the Kerala unit seems to
evidence suggesting that CJI Misra Petitioner Tehseen Poonawala has initiated the move to unite the Op- with bourgeois parties. either ignore or forget that CPI(M)
may have been involved in the con- been disowned by the Congress, position to propose impeachment The Prakash Karat and S Ra- ago has led to is no longer a national player on
spiracy of paying illegal gratification the party he claims allegiance to. of CJI Misra. JD(U) leader Sharad machandran Pillai-led ‘no alliance, near-irrelevance the political stage. In today’s time,
in the case, which at least warrants Another petitioner BS Lone is re- Yadav has supported the move. no understanding with the Con - whether its tactical line is to be or
a thorough investigation.” He has portedly close to a BJP leader from CPI leader D Raja even went to gress’ line has been approved by of CPI(M) in Bengal not to be with the Congress is unlike-
also demanded inquiry into few Mumbai. Both petitioners are being meet Justice Chelameswar. Nrip- CPI(M) Central Committee, rejecting and has reduced ly to be of much interest, even to the
other charges of impropriety seen to be on the side which does endra Misra, Principal Secretary a slightly different formulation ad- Congress. While Congress continues
against the CJI. not want an independent probe. to the Prime Minister, was seen at vocated by party general secretary the party to just 9 to have a national footprint, though
After the press conference of The medical scam case is very the doors of the CJI, who, however, Sitaram Yechury by a 55-31 vote. The seats in Lok Sabha fast diminishing, the CPI(M) has been
four judges, several parleys were contentious. Bhushan and others avoided meeting him. These devel- word ‘understanding’ in the Karat reduced to a regional player. Leaving
held between the judges and the are targeting the CJI for not allow- opments point to a situation where draft meant to close all possibili- aside Kerala, Tripura and West Ben-
CJI. Bar Council of India also met ing probe into the conduct of a sit- the judiciary is unable to shield itself ties of an informal or tacit associa- returned to power with greater gal, it will find it difficult to influence
the judges and the CJI to resolve the ting judge of the Allahabad High from outside interference. It will be tion with the Congress in the future. strength while the Left Front’s tally electoral politics in any other part of
matter. It was claimed that the mat- Court who had previously heard the really disastrous to have a judiciary The dogmatism of some comrades came down from 60 to 24 seats. One India. Of the three states in which it
ter has been resolved. However, it case. Former Orissa HC Judge IM which is exposed to interferences is pushing the future of the party misstep taken by a dogmatic general still matters, the CPI(M) is in power
does not seem to be so. None of the Qudussi was arrested by the CBI and from the executive or the legisla- into obscurity. They may claim to be secretary 10 years ago has led to the in Kerala and Tripura and the main
two cases cited above seems to have released on bail. This is the first time ture. In India, immunity of judiciary ideologically astute as compared to near-irrelevance of the CPM in Ben- Opposition party in West Bengal in
received the treatment to the satis- that the judiciary has invited crisis to such interferences is absolutely Yechury but their decisions say oth- gal and has reduced the party to just terms of vote share. Former Kerala
faction of the complaining parties. on its own. During the days of Indira essential because it is the custodian erwise. The ideological rigidness of 9 seats in Lok Sabha. It is difficult to CM and Veteran CPI(M) leader V.S.
In the case of Justice Loya’s death, Gandhi, the executive directly in- of our Constitution. the party created history by denying say whether the party will manage to Achuthanandan, who is also popu-
the two counsels of interveners tervened and manipulated the apex a third term to Yechury and failing to secure a single seat from West Ben- larly referred as the Fidel Castro of
— Dushyant Dave and Indira Jais- court. She got Justice AN Ray ap- letters@tehelka.com send anyone to the Rajya Sabha for gal in the next general elections. India, said he is in favour of forming

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