Freedom to me means a free mind and free heart. Freedom means I must not be afraid to speak the truth, even if the truth relates to Crown. Freedom means that we are having liberty to choose our religion, our work, our place and our thoughts ( of course with morale).
But, I feel that freedom is an illusion and even the topmost Court of law has not perfectly enshrined the principles. Today we can read about Manu Sharma having made a killing of law. Did the Judiciary take to task all persons involved? We can read the statements of CJI or any Judge. We can read the details of RIL cases, but can we make a comment on it? Can we express our feeling about a comment by the CJI or the assets of the Judges or may be about the conduct of a Judge in a case or a remark passed by a Judge during the proceedings? Can we have a opinion poll about performance of Judiciary? Can you seek action against a Judge if you point out that he is speaking a lie? Can you ask a Judge to resign even if he has blocked the operation of law? The answer is no. A judge can blame masses, classes, Government and everyone for backlog of cases, but no finger can be pointed out to a judge challanging his disposal capacity or his performance. They are so protected that saying a truth even by a Senior Advocate amount to Contempt Of Court.
Contempt of Court was drafted to uphold tyhe sanctity of the orders of the Court and not to safeguard a Judge against potential wrongs/ misdeeds/ illdeeds / negligence/ lack of performance. But today Court orders are violated openly ( I can show many cases) and the judiciary, especially lower one shows helplessness. But if you say to a Judge look here sir, you have not even read my review papers and just decided it without seeing the merits, then he will say "Issue Notice For Contempt of Court". The Rights of people are violated day in and day out, but judiciary says, follow due process of law and wait for your turn. There are wide powers to take SUO MOTO actions to remove injustice but Judiciary has no time ( time for media not mass justice).
I can just say this. For 10 days allow democracy to exist, and after 10 days 50% of the Judges will resign. Let there be a voting on who is the best Judge, then many Chief Justices will fall on bottom. Let there be a poll, on who deserves to be in Supreme Court, many Judges of Supreme Court may be out and many like Bilal Nazki will be in race for CJI.
But will we get the freedom..
SIDDHARTH MURARKA
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