I am disappointed, Milords!
Judiciary in India is the last hope for many. That calls for severe strictures within which the courts must operate. Therefore, the Supreme Court of India stands out as a flag bearer of our rights and protector of our constitution, unlike the corruption steeped lower courts.
However, the lordships often forget their limitations while handling sensitive cases and unwittingly enter the muddy swamp of politics. One recent classic example was the matter of disparaging comments on Prophet Mohammed by a BJP party spokesperson, Nupur Sharma. The Hon’ble judge went to the extreme with his wholesome castigation of the accused, denying her much-needed protection in the face of Fatwas threatening to take her life.
The Supreme Court has trodden into legislative territory to examine demonetization. I, for one, have been a constant critic of the currency ban exercise and have faced similar hassles and hurdles as everyone else. However, this may not be a matter that the Supreme Court can examine, and the parliament alone must be the forum to censure whoever is found to have faulted on the exercise.
People are getting into a habit of running to the Supreme Court, particularly criminal politicians denied bail. The law must be rewritten to make them simpler and non-appealable in many cases if the backlog of lakhs of cases is reduced. If the judges wish to impress the country, they can take up suo motu and declare the election bonds, a source of bribe to political parties, illegal. If the Supreme Court wants to prove worthy, it must stop the political parties from their nonsensical election sops to win. Parties must be made accountable with a limit on their borrowings for fulfilling poll gifts. The court must show their bravado in controlling the horse trading, belying the mandates. There are a lot of more worthy things the lordships can do as the most important pillar of democracy. Do we need Supreme Court to decide if the Lions standing on the New Parliament Central Vista is crying or roaring? I am appalled!
A similar thing has happened today when a judge has lamented about girls being denied education, justifying Hijab. Hang me, your lordship, but the matter was critical if the Hijab ban order by the Karnataka Government in their schools was legal or not. I’m ignorant of how many girls from other religions in similar economic and social conditions get an education. Rather than a clarification, such comments add to a distorted image of our country.
The institution of the judiciary gets stronger if personal beliefs and perceptions are kept away while handling sensitive cases and delivering justice.
I am an eternal optimist, but I may be an endangered species.
Sampath Kumar
Intrépide Voix