Wednesday, November 11, 2009

SO PROTECTED THAT THE SC JUDGE CAN DO ANY THING

Recent developments and statements by CJI confronted me with an issue. What in a democracy if people feel the Judiciary is not doing its job or exceeding its limits or may be a Judge is corrupt.

Interestingly, a Supreme Court judge as well as a high court judge, can be removed from office only by impeachment (Article 56) through a Parliamentary procedure laid down in Article 61.We thus have the situation that in respect of removal from office through impeachment, the Supreme Court judge is not only at par with the President of India but even higher when it is considered that the judge is protected even from violation of a constitutional provision or of constitutional convention.

An eminent Jurist, has advocated that India should enact a law on the lines of the one made by the USA in 1980 whereby a judicial body is empowered to take such action against a federal judge 'as is appropriate, short of removal.' Such a law, Nariman believes, 'would be appropriate to ride ourselves of the few 'black sheep,' and yet maintain and preserve the judicial independence of the higher judiciary guaranteed by our Constitution.'

Do we wish to have a transperent Judiciary or a dictorial Judiciary is a question which haunts me and must be most seriously confronted by our people and our Parliament.

We do not want a judiciary which will block our Right to Information, or who will take on the hearing and then say to avoid confrontation I step down from the seat. We do not want a Dinkaran episode or a Judge making U-Turn on his statement against a cabinet minister...We do not want even a Judge who is accused of corruption to even think of the Supreme Court elevation and also do not want reinstatement of judge accused of Corruption... We do not want a judiciary which will block an Advocates right to address the Supreme Court and if he stands outside in que to take a pass, then he will not be able to give Justice to the brief he has. It is like creating monopoly of a few Supreme Court Bar Members... We do not want a judiciary which is media savvy and want one who will avoid giving interviews to media... We do not want a judiciary which spends more time on other works then in giving Justice..

We want a Judiciary which is passionate about giving Justice and has the guts to step down and resign whenever accused of anything.. The Highest Court must have highest morality and highest degree of sensivity to Justice...

SIDDHARTH MURARKA

Monday, November 9, 2009

MY NATIONAL LANGUAGE... WILL IT STAY NATIONAL

The controversy regarding marathi and Abu Azmi is hot and boiling.... Well in Maharastra you have to take everything in Marathi, Karnataka- Kanad, Tamil Nadu -Tamil. Your Oath taking in national language Hindi will bring you slaps, kicks, punches, and hard hitting... So the national language will not be valid here?

This means the national language will be used in only Delhi, Haryana, Uttar Pradesh etc. and else where you have the regional languages. So does our nation mean only North India?

It is an issue which can be a base of disintegration of the nation and soon we may be princely states as we were before the British and the Mugals came in. If that happens I am sure we will have the Chinese coming in and ruling us for couple of decades and then we will have a much diverse religious and cultural base as chinese will add more feathers to our diversity. Is'nt that wonderful.

We will have another freedom struggle. Many Gandhi's and Patels, another Pakistan will be made and another Jaliawala Baug, another Saheed Bhagat Sing, Subash Chandra Bose.... Sounds so good... we need them.


JAI HO... MERA BHARAT MAHAAN AUR USESE BHI MAHAAN HUM.....

WHAT SHOULD I DO IF I WAS IN THAT POSITION

Last week was a turmoil for the supreme Court. No it was not a landmark Judgement which was passed but a turmoil which shook the Judiciary. One after another three Judges withdrew themselves from hearing a case to save themselves. Interestingly the withdrawal was not at the beginning of the case but at the fag end... It was like a test match abandoned after 4 days of play as the players decided to call of....

I am sure it must have been a great dilemma for these Judges and also the CJI. The CJI facing turmoil after turmoil starting from the Madras Judge, who said that a cabinet minister had called him, to a judge who defied the CJI and declared his assets, things did not stop there... Then came the RTI controversey, the Dinkaran J. controversy and last but not the least the judges withdrawing from the cases...

I was just wondering what would I have done if I was the CJI and was surrounded by so many problems. Who knows I may after 20 years be the CJI (I know its a joke but I am a day dreamer). Then what will I do... will I resign from my post  or will I remain quiet or will I rush to media to clarrify... what action will I have taken against waste of Supreme Court Judges valuable time.. how will I react to Dinkaran J. problem, the Madras Court Judges issue, the RTI controversy.....

What would I have done if I were in place of these 3 judges of Supreme Court or other Judges who are subject of this discussion... I am sure these Judges and CJI must be feeling very bad and at that level there are very few whom you can consult...

But I am a person who thinks too fast and too forward. So let me plan and get the opinion of the other and let me decide as to what will I do if I am in their place..... Help me..... please tell me what should I have done... what do you expect me to do if I am there in that position..... Your comments needed .... After all I am going to do that with your consultation...   Are Us Din Kha Puchne Aunga... Aaj hi Bata Do.......