Judiciary: assert thy self.
Judiciary is one of the wings of the Constitution. It is certainly loan alone as it has no nuisance value and cannot harm the other wings namely the Legislative and Executive. Where as Media is certainly not the forth wing of the Constitution but every body knows why the other wings bow before it. What is the constraint with these two wings need not be repeated here. There was time when though weak in power but the judiciary had its glow and shining character. It has lost so because there is threat from inside and not outside. The party politics and the attitude of gulling persons of one’s own choice have now developed. Judges in past had always mate the media for no reason and it was derogative on their part but they did not realized that by doing so they themselves are making the judiciary weak.
Present Chief Justice of India on last day rapped government over appointment of Public Prosecutors I don’t feel anything wonderful in it. The only thing is it is the highest person in judiciary who has spoken on the subject. This is reality and every one realizes the fact. Few persons like me and others do write through media and selected newspapers do give us voice to speak through their newspapers. I am obliged to them. I had given a burning example of appointment of a Public Prosecutor for District court who had never worked on civil or criminal side but on labor side only. Even then he was so appointed. Reason is very obvious that is to appoint such advocates on party basis, which is in power. Let party in power may do this also, no one will have objection if men of character, integrity and quality are appointed. Unfortunately such persons do not lick shoes of such rotten politicians and they do not oblige them also. This is why good advocates of quality and integrity are kept away and if there are, they are shown doors.
I am in the judicial field for more than 45 years and I have experience in all the fields including parting legal education and I had always seen hollowness in the administration of justice whether it is from the government or from the judicial side. On judicial side also judges do not show assertiveness whereever it ought to be shown.
Though the present C.J. has shown concern over it but the Union or the state govts. will not give heed to it. These governments become deaf and dumb when a man from judiciary speaks and scold for their vested interests. It will be better for the Chief Justice to show concern for judiciary when he and his colleagues will meet the Chief Justices of different High courts all over the India. Mind it ‘assert thyself’ is the need of the day.
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