NJAC- To Be Or Not To Be

Hello World,

National Judicial  Appointments Commission Act is under scrutiny of the five judge constitution bench of the Supreme Court of India. Government of India (Nehru to Narendra) never wanted a powerful and equally independent judiciary.The quality of judges deteriorated gradually with the increase in post retirement appointments of judges in commissions,arbitration,advisory panels,government and semi government trusts, foreign service etc. The public and political sanction over the judges and their ‘over all behaviour’ lost relevance.Politicians and judges have been two sides of Indian Rupee Coin ! Now no one is afraid of contempt of court because judges and courts have gone down in public esteem.

Politicians too have deteriorated qualitatively with the gradual passing of direct control over/of political parties into hands of unscrupulous industrialists ,criminals,potential and proven law breakers.Today the majority of MPs and MLAs are goons and law breakers themselves.They make pliable laws, rules and regulations to suit their needs .The majority of them are ignorant about laws,interpretation and implementation thereof.They are not concerned about their ignorance. For them whatever they say is law.Bureaucrats in  IAS,IPS,IRS,IFS & various state cadres  have become their servants , friends,philosophers,guides and partners. There is a system within a system which is above any law of the land.The seriousness is aggravated by passive and active concurrence of the prevalent illegal or extralegal system  by the judiciary.

Judges in want or search of post retirement benefits hoodwink everything.While in service they become silent but powerful supporters of industrialists and coterie of unlawful elements thriving on behalf of these money bags.Various bail orders passed in favour of criminals and land grabbers make ordinary citizens believe that law is unto intellectual and legal debauchery. Advocates too join this circuit by accepting appointment on corporate panels and receiving hefty payments often for not pleading or scuttling opponents’ cases.There is no difference between a quasi judicial revenue court and a civil /criminal court when interpretation of law is as per erroneous and whimsical notions of the officer concerned. No one bothers to deliver reason orders. If one is aggrieved,he/she is free to approach appeal court.At every step the scene is repeated except in cases where hands and palms are greased with durable material.It is a very serious crime to be non-corrupt by mindset and practice ! The rot from trial court to high court is very disgusting,pathetic and capable enough to shake any one’s confidence in whatever is just and good.If one refuses to be a part of the system punishment postings and all sorts of harassments are on anvil.

Judges have lost decorum and decency in their behaviour. Chamber practice is discussed openly in corridors of courts.Justice and truth are sacrificed invariably.Indian Judiciary is no better than Chinese Judiciary.Corruption is the malady in both.Chinese are visibly strict and have fasttrack system of punishment. Indian judiciary is lethargic in disposal of all cases,specially cases against judges.Judges mostly refrain from judging judges.They have Unique Brotherhood.

Advocates,counsels and senior counsels pose  tricky questions ; Are they lawful in their mindset and behaviour? Are they doublespeak? Do they adhere to any principle in life other than their FEES?Where their professional duty ends and where their morality starts ? Do they have any conscience when they plead for constitution and for murky politicians like Jayalalitha Jayram, Yediyerappa, Lalu Prasad Yadav, Amit shah ,Narendra Modi ( to name a few)? Do they have a sense of guilt when they do everything to install a son or daughter in the Apex Court , High Courts not in the name of merit but extraneous considerations? The seniors and very senior ones are the proponents of furthering the culture of Black Money .When Harish Salve pleads for Mukesh Nita Ambani and /or Salman Khan, his well publicised fees of Rs. 30/’lacs per appearance need not be in Amul White. If Fali Nariman appears as Jayalalitha’s saviour,it is naive to believe the fees received under table and over receipt..The same Fali Nariman serves his profession when he pleads for upholding constitution.To me Fali Nariman,Soli Sorabjee, Ram Jethmalani,Harish Salve , Ravi Shankar Prasad etc are legal icons worth emulating. But when i think of their endeavours to save corrupt ,very corrupt politicians they seem to be the best hypocrites,double speaks  who have damaged albeit unintentionally the fabric of People’s Faith in Judiciary. They seem to be at par with the persons salvaged by them .

India and Indians are lucky to have lawyer stalwarts from the days of Constituent Assembly.The very same lawyers left many loopholes in laws ,helpful in professional life of their professional successors. Every one knows where the bone is brittle. No one is seriously interested in cures. Lest the system improves their relevance would be in question.

The question of survival haunts everyone related to judiciary, laws,legal framework and fabric of India.Politicians like Narendra Modi,Amit Shah , Lalu Prasad yadav, Yediyerappa,, Jayalaltha experienced law as the victims of persecution and vendetta.They have seen the courts changing judgments and orders with the changed circumstances.Where is law when the outcome is decided on the basis of the politics of the day ? Is there any rule of law? Is any judgement permanent and sacrosanct? Is the law same for Mukesh Nita Ambani , Salman Khan, Jayalalitha and Mr. ABC or Miss XYZ, nondescript citizens of India ?

It is Narendra Modi now. It was Sonia Gandhi then. Both are same in desiring pliable judges and subservient judiciary.None of the politicians in the past and at present wanted/wants Financially,Statutorily independent Judiciary and Election Commission. Politicians of all colours will argue in favour of civil society’s role in gubernatorial appointments,but ,will never think so while giving tickets to criminals and law breakers and while forming ministries.They want convenience in their decisions of appointments and freedom in terminating the appointees.

Indian Judiciary is on the threshold of to be or not to be..

Hitherto NaMo Bhakt CJI H.L.Dattu has surprised one and all by developing courage to stand erect and look offensively   in the eyes of  his God . Well done ,Sir

.i might be prosecuted for contempt of court, defamation of my lifetime legal peers,named above . i welcome that, too.It will help to survive the  debate on Statutorily ,Financially  Independent Judiciary and Election Commission of India.

Reference :

  • http://www.indiaeveryday.in/news-letcivilsocietyhavesay-in-picking-judges…

     Appointment of judges shouldn’t be the exclusive preserve of the judiciary and civil society must be allowed to participate in the selection …

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