Indian Judiciary, Secularism, and Political leniency. A view from a Hindu Nationalist.

National Opinion

India is a democratic country and has firm faith in its Judiciary system. The system may be slow with lots of pending cases, unaddressed stacks of files and full of the dilly-dally attitude as shown by every governmental organization the Judiciary system stands no apart. Yet it is the first point of approach for any dispute settlement, the very familiar line among people entangled in dispute is “I will see you in court”. This belief in people about Judiciary has always been a savior of democracy in India.

What if the belief in Judiciary is breached? The question catered is written in full consciousness. The intent is not to malign the Judiciary system and its practitioners. The question in concern is raised by keeping all the events of the past and how Judiciary system was at stake, yet people did not raise the question so that the threshold is not crossed and democracy sustains, as it always did. But the question remains why is it necessary to sustain democracy at the cost of faulty (sometimes) and degrading Judiciary system. The answer is never clear-cut and convincing. If the Judiciary practitioners believe that the common people are not aware of scenes behind the curtains that are practiced, then they raise a question on their intellect. It’s just the common people are busy in contributing something to the nation every day and do not spend time thinking about these activities. There is a lot of evidence that can be unearthed to support the belief stated above. The one such example of the recent time is the 2G case where all the accused were acquitted. It can either be taken as an example of the Judicial system falling prey to political might or a case of lacking interest by Judiciary practitioners in providing proper justice. A simple question that I want to bring into account in the 2G scam is: Where has all money gone which were reported by the CAG in its report if nobody is to blame for it? It would have been great if the four rebel Judges would have explained this before they planned to hit the streets to make a mockery of Supreme Court.

What if the secularist belief of the Judiciary is busted? It is always believed that Judges and Judiciary system has nothing to do with cate, creed, religion, wealth etc. of a convict. They look for the crime and takes the constitutional law as the base of their judgment. The religious belief of everyone is respected by the Judiciary system, but this doesn’t always stand up to the expectations of secularism. A few very simple questions will be tough for the four rebel judges out on street wanting people to support their cause of revamping the Judiciary. The questions that I want to put forward to Justices Jasti Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph are:
1. Why were Diwali crackers polluting the environment as per the Supreme Court but not the New Year eve?
2. Why Dahi Handi is an act of violence on streets and needs regulation but why no question on the regulation of Muharram?
3. Why does Supreme court want to save water only on Holi?
4. Why illuminating diyas on Diwali may lead to global warming and sound pollution only occurs on Diwali but the mikes at mosques add gaiety to the society?
I would prefer an explanation of these questions from Justices Jasti Chelameswar who was privileged to meet the left wing associated politician D Raja at his residence in due course of this Judiciary system crisis. If not, should the Hindus believe that the Secularism by judges of these type is limited only to Muslim appeasement as instructed by their political allies?

What if the political recipe of the Judiciary is busted? The Judiciary is above all it never mingles with the political class to keep its decisions and justice impacted. The Supreme court judges pay all respect to the senior most colleague and the CJI appointed. The campaign against Dipak Misra, maligning the CJI (a constitutional post) baselessly and asking his impeachment a day after he ordered reopening of Sikh riots case gives a smell of the political delicacy being cooked by these four Judges. The statement above can be supported by facts as Justice Ranjan Gogoi the son of Keshab Chandra Gogoi (former Congress politician) until Ranjan Gogoi takes an unrealistic stance to disown his own father for his political gain. And why not he should do it as he has it in his blood to betray for gains a “politicians son”. Forget all these things I just want these Judges in street to answer these simple questions.
1. CJI Dipak Misra two days back of this event ordered a SIT to reopen 1984 Sikh riots cases and investigate 186 cases related to it and suddenly, these four judges are on street. Why?
2. Last month, CJI Dipak Misra slammed Kapil Sibal when he asked to postpone the judgment of Ram Janmbhumi case. Is this revolutionary idea of media briefing linked with this event?

A retired Supreme Court Judge RS Sodhi said, “These four judges have formed a union. There are 23 other judges as well. This trade unionism to malign the office of CJI is immature and uncalled for. These 4 judges have no right to sit on the highest court and must be impeached.” I agree with Justice Sodhi. If these four judges are let to go by without having to pay the price of indiscipline they have done it will be difficult to restore the faith in Judiciary and its functioning. However, I do not ridicule the fact that Hinduism has always been on the target to keep the secular fabric alive but the tolerance of Hinduism should not be ignored. It’s time for the political parties also that they understand, their existence is possible only because the strong Judiciary system operates and compels every individual to abide by the constitutional law. Elections are fought, lost and won every year but Judiciary must prevail and the line between political parties and Judges must be kept thick so, that they keep themselves sidelined form their work and ambitions. The message should be clear to Judges like Justices Jasti Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph that people can decide your fate but not at the cost of falling democracy.

Leave a Reply

Your email address will not be published. Required fields are marked *