Tiring Justice

Yesterday, the Supreme Court delivering its reason behind granting interim bail to Arnab Goswami, Editor-in-Chief of Republic TV, in the abetment to suicide case, held that Courts should, “ensure that criminal law does not become a weapon for selective harassment of citizens.” Phew! Thank you SC for that judgement…but what’s the use?

All we can say is “My Lords, Law will continue to be weaponised by law-makers and law-keepers against citizens if erring Judges, Police, bureaucrats and politicians are not punished.” We say this because, the SC itself has been a victim of its Lower Courts’ incompetence, corruption and misuse of law.

In 2004, a journalist in Gujarat heard that the Police and Courts were aiding businessmen to settle scores with their rivals. In order to expose this nexus, he got a Metropolitan Magistrate in Ahmedabad to issue a bailable warrant against none other than the then President of India Dr. A.P.J. Abdul Kalam!

Not only that, he also managed to get a bailable warrant against the then Chief Justice of India V. N. Khare and the then sitting SC Judge B.P. Singh! And all he had to do was bribe the Magistrate. The price? Just Rs. 40,000! The shocked CJI Khare noted “If this is the state of affairs, only God knows what will happen to the country.”

Well, since the erring Magistrate was not punished, the rot continues. Today people go to Court to delay justice, not get it. And inhumane Judges have only perpetuated this trend.

Justice is so delayed in our system that today Courts are a place where one goes to settle scores, not seek justice. From land deals to false dowry cases; from false rape cases to contract cases, a Court case is used as a mechanism to delay and arm-twist our enemy. Because a Court case will leave a victim perpetually oscillating between “adjournments” and “next Court hearing.” It leaves the innocent in a state of limbo forcing them to negotiate and finally succumb to the demands of the perpetrators.

It is because of this delay in justice that today local rowdies and mafia run parallel Courts. In fact, today most cases, be it accident or land dispute, are settled by the goons. Also sometimes it is settled in a Police Station. The reason is because it is quick and to some extent, even judicious.

So yes, today Courts are perceived as an instrument of blackmail rather than a temple of justice. Worse, High Courts are NOT taking cue from SC judgements and exercising their inherent power to quash false and frivolous complaints. This could be because they do not fear repercussions.

While the Lower Court Judges can be punished, the Judges of Higher Courts can only be removed if two thirds of the MPs want to impeach a particular Judge. This is the same number needed to amend the Constitution! So these Superior Court Judges have been attested almost the same importance as our Constitution!

It was the former Chief Justice of India (CJI) T.S. Thakur, who said “as long as judiciary exists, people have nothing to fear.” But then isn’t Judiciary only as good as its Judges? And Judges are only human so they will respond effectively to punishment not sermon. May be, it is time to move the Judicial Standards and Accountability Bill which is being worked on since 2010.

The SC also made an important observation, which is “bail is the solemn expression of the humanness of the justice system.” So hopefully now at least a few of the 91,568 bail pleas pending before the High Courts and 1.96 lakh bail applications before the District Courts will be entertained.

Yesterday, the Bombay High Court also passed a memorable judgement when it quashed the Brihanmumbai Municipal Corporation’s (BMC) order to demolish actor Kangana Ranaut’s office and appointed a valuer to decide on the compensation amount the BMC will have to pay Kangana for their “malicious” action.