In India, these days, judges and political classes have become 'sensitive' to criticism of 'public interest'. Raising of voices by public, press ,while expressing freedom of expression ,etc have become crimes in the eyes of power-that-be and particularly judges of even of the apex court-Supreme Court- To suppress the voices of agitating people, suffering immense agonies of poverty, lack of education and health facilities, is going to be common refrain. Curb on freedom of expression has become rampant in India ! Signals of the founding fathers of the Constitution and the Constitution itself are being violated by all wings of the Indian Union-the Legislature,the Judiciary and the Executive. Other 'misdeeds' of all these three wings, exposed by vigilant media and persons, are suppressed and ignored in this country. A recent example must be cited-the Central Information Commission has rightly called political parties , public institutions and these political parties must be brought under the preview of the Right to Information Act. But sadly, almost all political parties are opposed to this directive of the commission-perhaps being afraid of their being stoppage of muscle and money power in the elections!
In this nefarious game, direct responsibilities go to the mainly political classes except a few, who are law-maker and the judiciary, which interpret the Constitution so that no wrong is done in violating the Constitution, laws, rules etc. Strangely, when the interest of these sections come to fore, these two wings at least do not lag behind in subverting the Constitution. In case of politicians, they amend the Constitution, okays laws, frame rules as well as raise their salary and perks whimsically beyond imagination, ignoring the interest and prevailing poverty in India. With regards to judiciary and its judges, they think beyond the Constitution and laws. It is seventh wonder in the world while Supreme Court judges have framed their own mechanism to appoint judges in the high courts and the Supreme courts. Not only that Supreme court judges have managed to set-up their own commission to determine their pay-perks, which is highly exorbitant comparing the sad and deteriorating economic condition of over 73 percent of population in the country while other wings of services' salary and perks are determined the time-to-time setting-up of commissions and committees. As if there are no rule of laws for at least judges and political classes in the country.
A recent eye-brows by the Supreme Court judge Justice Gyan Sudha Mishra, through the registry of the court, in response to an article by the Senior Editor of The Times of India Dhananjay Mahapatra titled "IN VACATION, S C BENCH LATE BY AN HOUR "on June 15 edition of The Times of India , has created piquant situation as well as ripple among the freedom-. loving persons of the country. I must mention here a few sentences of the letter from Gyan Sudha Mishra , bullying the prestigious English daily and its Senior Editor. The letter mentions "..............while the Court during the vacation resorted to some flexibility in fixing its time schedule for taking up the matters, it also functioned beyond court hours to cater to the heavy Cause List mentioned at the last moment by the counsels to take up matters out of turn in view of their urgency due to which it had to sit late in the evening daily at least up to 7 p. m in order to clear the orders for their dispatch as the orders were of the urgent nature. Therefore, the judges also had to go through.............In the process, if the court exercised some discretion by keeping the time schedule during the vacation...........................devote beyond the working hours in the court and yet expect them to give an account of every single minute or else face derogatory publicity."
More over the arguments in the letter of Justice Gyan Sudha Mishra appears to be one-sided- report in the The Times of India had simply mentioned late coming of judges during vacation to attend the court matter, listed as scheduled. Host of litigants and their counsels, coming from far-flung areas had to wait long because of late arrival of judges to the office. Justice Gyan Sudha Mishra, perhaps, forgot such miseries of the litigants and their counsels. Apart from that, Justice Mishra also did not ,perhaps, keep in mind the unannounced schedule of the "so called late coming of judges during vacation". In my opinion, if it is fact than court must publicise the matter well in advance. Why this emotional outburst on Mohapatra's report in The Times of India. ? As far as my feeling goes, even the judges are public servants-if they have to work extra hour-they are paid handsomely. Apart from this, colonial hang-over still exists in the judiciary-Leave and vacations and other freebies for judges are beyond imagination in poor country like India.
In my opinion, the Supreme Court of India must ,first, keep its house in order instead of swaying into emotion and sentiments. There are many judgements, delivered by the judges in recent years, are contradictory in nature, converting the Indian Constitution as "Pandora's Box". Cases of corruption among judges in various high courts, particularly in Allahabad and Patna High Courts, as well as some time among judges of the apex court have also surfaced. Appointment of judges in various high courts by the apex courts in recent years have been questioned. Is it not true that some incompetent judges have been appointed in recent years? Is it not fact that some judges, appointed, are put on further probation in view of their incompetency ? Is it not facts that relatives of judges of the Supreme Court and various high courts have been and are being appointed judges in various high courts ? It is a fact that certain sections of the society like backwards, SC, ST and other backwards and dalits are ignored in the appointment of judges even after the facts that many of them qualify for judgeship in the high courts-not only that many good persons, practising in various high courts and the Supreme Court are ignored for appointment as judges under the present system ? Even a person , having criminal background have been appointed judges of the high courts ?Why the judges of the apex court and high courts are opposed to parliamentary legislative on the appointment of judges and the judicial accountability ? These are the big questions to be replied by only the Supreme Court !
Another opinion veering round is that a greatest blunder has been committed while reservation in services to backward classes under the V P Singh regime. Why this country and its dalits were deprived of such facilities in the appointment of judges in high court and the Supreme Court under Mandal Commission provisions ? Majority of Indians belong to dalits category-than why this discrimination ? The Country must reflects its citizens and system not pick and choose for a chosen few !
Now enough is enough-there must be way out in improving judicial system. End must come to an end over the so called supremacy of Supreme Court and Legislature in determining the criterion for the benefits of rich only-India lives in villages and rule of law must prevail to determine all these burning factors instead of silencing the people through bullying-respected Supreme Court must spell out the system beneficial to dalits and downbtroddens under the existing frame work of the Constitution.