Law Ministry & Supreme Court cut down on vacation, reduce pendency

As reported by press a PIL has been filed in Madras High Court for putting an end to the colonial practice of long summer holidays in the higher courts. The plea advanced therein is that now-a-days air conditioning facilities are there in the courts, chambers, residences and cars and so there is no need for the courts to go on summer vacation for so long periods. Today judges are not exposed to sweltering heat conditions in their work environment as it used to prevail when the technology to cool the judges was not there in the British time.

Even the highest court of the land has about two months of summer recess apart from winter or other holidays. Courts also close down when a judge or a lawyer dies.  Thus the working days are reduced to a obnoxious proportion.

Some argue that judge-people ratio is skewed. There may be some substance but the fact also stares deep in our face whether strength of judges originally from seven including the chief justice to now thirty two (Article 124(1) of the Indian Constitution as amended in 2008) in the supreme Court and likewise manifold increase in judicial man power in high courts have made any effective impact on disposal of cases, the answer is a big no. The pendency at higher courts is alarming. The pay, allowances and other fringe benefits of judges have gone up enormously. Even the subordinate judges are enjoying huge pay packets courtesy Padmnabhamn Committee report and Shetty Commission report for staff. But still the zeal and diligence has ceased to work. The judges must bear this in mind that they are enjoying life on the sacrifices of the common people struggling to keep their body and soul together in the harsh economic hardships but contributing their blood & flesh to the state exchequer so that the country may move ahead. We hope, judges respect the sentiments and should leave no stone unturned to provide timely justice otherwise the situation may be irretrievable and impregnable.

Therefore the Law Ministry and the Supreme Court will have to make immediate efforts to ensure that working days are increased, pendency is drastically reduced, delay in disposal is restricted to one year, no adjournments are granted, and individual performance of judges is periodically evaluated in terms of quality & final disposal of the cases.

CBI AFFIDAVIT IN COAL SCAM

Yesterday the media were roaring over the CBI affidavit filed before the Supreme Court. The CBI and the Union government both have violated the apex court’s specific direction to the bureau not to share the investigation report with the latter pertaining to the massive coal-blocks allocation scam. It was a déjà vu. Things unfolded on expected lines. Let us hope the court will set an example. Though I must say the director was truthful to great extent. But he did lose the first opportunity when Rawal the Addl. S.G. misrepresented the facts before the court.

It is a known fact that thousands of false affidavits are filed every year in courts across the country on behalf of the governments at the centre and states with the judiciary conveniently looking the other way. We seldom find cases when a bureaucrat had even been charged with perjury let alone punished for it.

These legal skullduggeries are business as usual with the C.A.G. also who people look upon as different from other organizations. A few months back I wrote the blog “False Affidavits by Constitutional Institutions like CAG Defeat Justice” on blogs.siliconindia.com/drvijayeksaria/

If the rule of law has to be rooted deep in our polity then the higher courts must be absolutely clean, intrepid and impartial in order to be ruthless on those government agencies that take law for a ride.

The system has not yet fully collapsed because we are fortunate to have a few judges of high integrity and moral character. The delay in disposal of cases is also nibbling at the structure and poses the most formidable challenge.

Azam Khan frisking in the USA

The controversial U.P. minister Azam Khan has been searched, frisked, interrogated and detained for a few hours in the U.S.A. The government of India takes this as an affront upon itself. This is laughable indeed. Terrorists indulge in carnage and bomb blasts with impunity in our country. Recently the Akhilesh government has taken back the prosecution of a terrorist. Azam Khan has also disputed the integration of Kashmir to India. Perhaps the Americans keep a close watch on Indian politics of treachery and perfidy to India itself. That is why they are overcautious in subjecting such persons with Indian passports to stringent check up.  

China has penetrated 20KMs inside our border still not budging an inch, violating our air and land space repeatedly but it is not a matter of shame or anger but Khan’s treatment by Americans is.

Americans hunted down Laden in Pakistan but we cannot avenge terrorist attacks sponsored by Pakistan. Americans can shoot down two Chechen terrorists within hours of the Boston bomb blast but we are helpless in even nabbing them. This is how Indian leadership works.

We appreciate America’s efforts to sanitize itself against terrorist attacks by taking all preventive measures. It should also be born in the mind that Americans have only their own national interests in mind and they will not stand by India in trying times. History has shown this. In fact no other country will solve our problems. This, after all, is the real diplomacy of pure national self interests India should also follow with firmness. The country should be wary of those politicians who are extending all trade and business facilities and visa relaxations to Pakistan despite its involvement in terrorism. We should also rake up Tibet’s issue being a disputed land. Large part of Laddakh remains in joint control of China and Pakistan but we still look forward to welcoming Chinese Premier.

Who would issue the certificate of “secularism” ?

If politicians think that by playing drama like wearing a cap or throwing iftar parties  on government money or paying visits to mausoleums or doling out largesse in form of subsidy for Haj will bring them power for ever then they are greatly mistaken. Because this is stark communalism and the Indians cannot be fooled all the time.

Today if any one talks about common civil code a constitutional directive, the  abrogation of Art.370 for bringing J&K at par & in complete national main stream, and total allegiance to the Constitution of the country he or she is bound to be branded as communal.

Now who would issue the certificate of secularism;  the Congress that was party to divide the country with Jinnah on the basis of two religions and responsible for totally forcible migration of 48% of Pakistan's population Sikhs & Hindus to India from Pakistan and their genocide or the leftists who connived with the Britishers and later look upon China and soviet Union for ideological guidance or the regional parties out to exploit communalism for vote-politics so that they are safe by keeping away CBI in the face of countless scams and scandals?

The communal secularism (oxymoron albeit)must be denounced otherwise the country is not far away from another disintegration. Do Pakistan and the ISI set political agenda for our country?