Tuesday, October 20, 2009

CJI AND RTI

The top 2 short forms means a lot of power for the common man.

One is Chief Justice of India, the Constitutional Authority, a symbol of supremcy of law over individuality. A person who is seen as a symbol of justice, a person who is selfless, non tainted and who can sacrifice himself to see that law prevails over everything, that the constitutional supremecy is upheld and that each person gets his rights as guaranteed under the constitution. An open book and open office who will stand for the rights of commonman and will supervise the judiciary to see that the judiciary functions under the Pendurama of Law for all, against all and by all.

The other is Right to Information, an act which has given powers to common man and equipped him with bramhastra against corruption and a safe guard of the fundamental rights given under the constitution. The Right is so powerful that every one including the PMO and president are covered under the same. The Right gives a common man on street means to find out how his money is spent by all including all ministers and which gives him the power to take accounts of all persons running the nation. The act makes the common man so powerful that he gets the accounts of all the representratives of the masses and from the four walls of his house, he can infact get so much information, which I presume would require investigation by an ageny of caliber of C.B.I.  The information when parted sends shivers down the spines of those who are corrupt and also those who have not worked properly, or have worked inefficiently, lazily or have closed their eyes even when they know something wrong is happening. Thus the act is an act of exposure and disclosure.

Now the expectation was that with a powerful seat in place and a  powerful act in hand, we Indians started dreaming that atleast after 6 decades of independence, we will have a right to say in governance, a right to know the facts, the right to discover the wrong and then with the data knock the doors of the pillar of law and democracy that is the judiciary and get the wrongs set right.

But alas, as always the dream of the commonman went shattered when the CJI refused to dilute information under RTI. The person incharge of holding up the rights closed his doors to the right of the common man to know whats inside his office. The question is why? and the thought is how can he do this when I am assured this right under constitution and through an act passed by the Parliment. I will not be able to answer this.....

Now something amazing also happened, a Judge of High Court gave wings to our desire by passing and order which meant an order against the judicially most powerful person. But the fact is that the said order was not put in operation immediately and there was a period when the order was defied which in legal terms meant Contempt Of Court.

Many called me up and asked me that now when an order has been passed which in reality means that the CJI had blocked the rights of the common man and he was found to be wrong in doing so, then does he not loose a right to continue as CJI, legally as well as morally.  I just reply to them, that I am not even 1% law literate and hence cannot answer the same.... but also add that this question also haunts me and if you get an answer please do inform me...

Thank god, I am not a judge................................

siddharth murarka



2 comments:

  1. well the anser lies in what are u going to do about it. If the Chief justice can be so assuring as to block the rights of a common man one should start a petition of asking/requesting him to resign from office..due humbly due to public interest. email him personally with a cc to the other chief justices and the president so every one is in on this with the number of emails that the judge recieves in a day to understand his popularity will speak for it self. then no judge will ever do any thing that is contrary to the rights of a common man so i suggest you can start the email and let it go around. what say ?

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  2. its not so easy. The person has not even posted his name. So you see every one is afraid. The answer is that we need to unite and fight and this blog is for that only. May be someday it will convert into and NGO. who know?

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