Army, Police & Judicial Activism!

Army, Police & Judicial Activism!

---- Vinay Joshi

How Indian judges wantonly thrash, scold, reprimand political leaders, army and police officers but at the same time they remain extremely vigilant regarding criticism of judges and their verdicts. Bird's eye view of illogical behavior of Justice delivery system

Justice Liberahan Commission of Inquiry report on Babri demolition tabled in Parliament in year 2009. while leading the discussion, ethn LoO in Rajya Sabha, senior lawyer Arun Jaitely ripped apart Liberahan Report's unprofessional findings and political leanings. While leading the charge Jaitely described to categories of judges, "One who those law and others who knows law minister!" (See the blog for video) 

Jately's speech recalled when court ordered Maharashtra Police to release arrested Naxalites and put them under house arrests until September 7 hearing. The order created suspicion around transparent Police action against Left Wing Extremism kingpins.

One of these arrested persons was Goutam Noulakha, who is linkman between Kashmiri separatists and international proxies. His video, appealing separatists to intensify struggle against "Indian Occupation" of Kashmir wen viral after court restraint order on arrest. It exposed our shoddy judicial apparatus. Court order dealt huge blow to the morale of investigating agencies and police working round the clock to safeguard nation. Will courts take that responsibility? Are these judges of "Second Category" described by Jaitely?

Is assassination plot Safety Valve?

While hearing petition on arrested Naxalites court said, there must be safety valve to vent out dissent for healthy democracy. Is trying to kill someone at par with dissent? Is court rewriting definition of dissent?

Why Safety Valve logic not applicable when judiciary comes under attack?

On October 5, 2017 Justice Chandrachud expressed anguish over repeated attacks and scolding of court verdicts. And he sought to put such criticism in to character assassination.

On October 26, 2017 court sentenced an advocate from Himachal Pradesh with 1 month jail and fine of Rs 10,000/- for criticizing court verdict. Such criticism of verdicts would create turmoil and cacophony, observed the court and prescribed such acts must be dealt with iron fist. 

Good... This doesn't comes under "Safety Valve" category.

But what about harsh, punitive, derogatory, illogical language courts uses against leaders, army officers, police personnel and others? Is it not objectionable? 

There are thousands of instances when judges crosses their limits, where does logic of Safety Valve disappears during such moment?

Rohingya Infiltrators and Court verdict  

Delhi based notorious lawyer Prashant Bhushan filed petition to stop government move to deport Rohingya infiltrators. Court rebuked government and ordered to tender documents substantiating their terror linkages. Few years ago veteran Defense Analyst Nitin Gokhale had authored booklet "Legal Protection of Illegal Migrants" on IMDT act in Assam which was meant for deportation of illegal Bangladeshis but actually helping them. The court verdict on Rohingyas was exactly "Legal Protection of Illegal Migrants" in letters and spirit.

Why our judges should take seriously, the principle of Non Refoulement, which is hazardous for national security?

Courts and Pellet Guns

Security Forces are always at receiving end in Kashmir. To minimize fatalities forces used to counter stone pelters with pellet guns, instead of live rounds. But courts came down heavily on use of pelet guns at least twice July 2016 and March 2017, citing various reasons. They offered surmons on use of force. At the same time social media was flooded with photos of soldiers with broken hands, injured eyes and bleeding heads. No one ever heard that courts took Suo Moto cognizance of these injuries to troops in fatal conditions.

What was tangible in these cases, courts rather than trying their best to deliver justice, were busy in showing that they are "Omnipresent" and "Omniscient". This is lethal for justice!

So, no one should be stunned and shocked, if tomorrow on 7th September courts let free, all those arrested by Maharashtra Police in connection with assassination plot of PM. We can't expect much more from those busy in Judicial Activism!

We have seen that our higher courts thrown wide open at midnight to rescue high profile politicians, celebrities and seditious glossy personalities. we have heard judges scolding politicians for special privileges  they enjoy or they seek! But at the same time we have heard last month that court ordered separate lane for Judges on highway toll gate! Is it fare? 

Indian judicial system compelling citizens to ask more and more disturbing questions to judges. My article might come under Contempt of Court provisions, but I have the excuse of "Safety Valve" to get out of it! As judges of India; which are trying to promulgate law at par with "Blasphemy Law" in Pakistan would absolutely hit back at such allegations against them. But it's high time to ask them few questions! And we will ask it!

Senior author and journalist Arun Shourie in his famous book 'Courts and Their Judgements' has asked series of questions to Indian Judicial system, "Do judges merely enforce the law? Or do they interpolate words into statutes and even into the Constitution? Where does interpretation ends and rewriting commence?" 

The answers are still pending and we might not get it ever!