The fate of the ruling UPA at the Centre will be decided today. The confidence motion that is moved by the Prime Minister Dr. Manmohan Singh following withdrawal of support by the Left parties may or may not be passed by the Lok Sabha. If it is not passed, it will open the doors of the Parliament and the Prime Minister’s Office to a third front led by Mayawati, Chief Minister of Uttar Pradesh. As of now, New Delhi has been turned into a boiling political pot in which the fate of many politicians will be cooked.
Surprisingly, except the Congress, led by Sonia Gandhi and the Prime Minister Dr. Manmohan Singh, no other political party or individual politician seems to have serious concern for the future economic growth of our country. Some of these politicians belonging to different parties do certainly know the good that will come out of this nuclear deal which is much more than the evil that it may produce. Yet, due to self-interest they are going to sacrifice the greater interest of our country. Whatever happened to that noble motto “Service above self”? In short, it is a clear case of counting the trees and missing the wood. In the past, our country had missed many such opportunities, due to wrong decisions that staggered our economic progress.
This kind of mindset among our politicians, the bureaucrats and the judicial officers is a danger for democracy. The most important prerequisites for a healthy democracy are debate and dissent. Unfortunately, governments, both at the States and at the Centre allow neither a healthy debate nor tolerate dissent.
Today judiciary, which should uphold the majesty of Law, is unable to discharge its responsibilities without succumbing to the pressures from its own self-interest and also of vested interests. In many cases, judiciary appears to be active as a government department. There are any number of frivolous cases admitted by the courts which are already overburdened. Of course, these cases can be challenged in the higher court and relief obtained. But the moot question is: Can’t these frivolous cases be turned down in the first court itself? We all remember the summons issued to Priyanka Gandhi in a silly case filed alleging that she was engaged to the complainant. If this could happen to a VIP like Priyanka Gandhi, what of the ordinary mortals whom the mischief - mongers want to harass. Remember 26 cases were filed against Tamil film actress Khushboo since 2005 on frivolous grounds? A joke or a mockery of our judicial system?
It is for this reason we must appreciate the Supreme Court which in a recent order stopped the Gujarat Government from arresting the well-known Sociologist Ashish Nandy and quashed the summons issued to him by the Ahmedabad court. The Supreme Court also reprimanded the Gujarat Government. And what was Nandy’s crime? Writing a newspaper article, the contents of which the Gujarat Government thought promoted enmity between two groups. Well, if criminal cases could be filed based on the opinion expressed in an article, every day there must be hundreds of cases filed in our courts all over India. After all, an opinion could be interpreted to fit into any section of the Indian Penal Code. And it will be impossible for anyone to write on any subject or issue expressing an opinion that is contrary to that of the government or an individual. It is hoped this decision of the Supreme Court will put some sense into the block heads in the governments of our country and also some self-proclaimed protectors of some abstract cause or the other.
It is also hoped the judges both in the lower and Higher Courts are guided in dispensing justice by the law of the land and the judicial precedents and not by other considerations.
Recently, I met an African-black (term used in contrast to the term American - black), who bemoaned the state of Law Courts in his country where touts helped the litigants to win the cases adopting devious ways of supplying intelligence on a judge’s life - style, contacts, friends and friendly advocates who fix deals. They are also known as “fixers”. It was once rampant in Italy with mafia, controlling the judiciary. Let not our judiciary degenerate to that level.
It is for this reason Nandy’s victory in the Supreme Court is important. But the Supreme Court and the Ministry of Law should also look into what’s happening in the lower and High Courts so that the benefit of the judiciary is available both to the poor and the rich, the meek and the humble without the help of a “tout” or a “fixer” but only with the power and glory of our books of law and the principle of ethics and morality. Let truth and justice prevail. Only then Democracy can survive. Jai Hind
