JUSTICE DELAYED, DENIED AND COMPROMISED

JUSTICE DELAYED, DENIED AND COMPROMISED

Serious allegations has been made about the CJI. Credibility of the entire judicial system has been destroyed. It is a very grave situation as the judiciary is our last resort, particularly during times when we are unsure of our political and administrative class and their agenda, in ensuring rule of law, liberty and fundamental rights.

Firstly, the situation must have reached such a pass, a state of no easy remedies, that the esteemed learned Judges felt that they have no option but to go public. It looks like a case of an extreme situation had asked for an extreme remedy. On the other hand even if their intensions are not above board( this is unlikely as they are men of integrity) the rot is still evident.

The allegations are specific. Highly sensitive cases before the SC has been reassigned by the CJI to other/junior judges. Implications are very grave. In many such instances the cases have had outcomes that may not look like justice has been served.

This does not seem to be a recent disease. It must have been happening for many years. Under various political masters. Possibly, it is more blatant now as arrogance has long back replaced well established conventions and decorum.

The system or the establishment has quickly responded. Their objective is to kill the debate. For them, somehow, the status quo has to be maintained. Life must go on and the gullible Indians fooled all the time.

This must be resisted at all cost. Just like the Anna Hazare opportunity ( which was well and squarely squandered by us when we allowed the establishment led by all political class to hoodwink us) this is another chance to disrupt a corrupt system and replace it by one that is of high integrity and uphold constitutional rights.

Now that it is in the public domain can we leave the matter to CJI , judges, bar council and govt? Not at all. They will bury the issue. The purpose of going public will be nullified. 
We believe that the judiciary is the last resort for justice and fairness. But now we have a credibility issue. There is a certain perception that will ruin the most vital pillar of democracy. We do not know how deep the rot is.

What could be the way forward. No easy answer. We must have belief in the democratic process.
Debate, discuss, argue and develop consensus. After all a complicated document that governed a nation, the Indian constitution, was product of such a process. Having said that we must be alert to the crooked times and ways of those in the corridors of power. These powers are much more harmful and full of deceit than great men and women during the time of framing the constitution.

Judicial reforms must be ushered in within the next few months. Nothing less. Therefore, a group of experts, legal brains, parliament and Sr judges have to work out reforms. The entire collegium must study it and give their decision with or without amendments that do not dilute or weaken the recommendations. If it does not or wants to dilute it then the President, PM, opposition leaders have to mediate with the collegium. All in a fixed time frame. If that does not work, ultimately, in a democracy you must keep trying.
This is thus a great opportunity for Indian democracy. Various stake holders like credible and well-meaning people in government, opposition, administrators, Judges and lawyers, constitutional experts must keep fighting to cleanse the system. In the Judiciary at least. The opportunity of public awareness and pressure created by the act of these four Judges must not go in vain.
The blinded lady has to be fair and also judge!