“There is a higher court than courts of justice and that is the court of conscience. It supersedes all other courts.”
– Mahatma Gandhi –
The symbol of Court of Justice is a pair of scales held evenly by an impartial and blind but sagacious woman. A Court is a tribunal often as a government institution with the authority to adjudicate of justice in civil, criminal and administrative matters in accordance with the rule of law. Access to justice has always remained an inseparable part of justice delivery system. This follows the doctrine of ubi jus ibi remedium.Thus any impediment on accessing the courtroom is an impediment to the fundamental and human right of access to justice.Most of the case in fact what judges are doing is, deciding cases based on their personal values and people forced to call it as a Political Court and not court of justice. India has adopted the adversarial Criminal Justice model which caters to public interest by punishing wrongdoers and setting a deterring effect for society at large. However it works in favour of private interest by preventing wrongful conviction and protecting life and liberty of accused.Linda Greenhouse the former New York Times Reporter who covered Supreme Court for decades says “Court is a collection of politicians in robes early it was not so .This past week I have found myself struggling against the impulse to say two words ‘I surrender’ – people are not able to raise their voice for rights”Once justice Karnan said, “Indian judiciary is corrupted”. And he wrote a letter to president of India and justice Agarwal that he is having evidence against Chief Justice of India and 20 other judges of Supreme Court regarding corruption in Indian judiciary. Immediately there was an action in this demonscritic India, in the name of Contempt of Court Karnan got imprisoned and this judiciary called him “psychic”. His sound had a rasping hoarseness but shrill tones of judiciary kept him dumb .Supreme Court in 2017 convicted Justice Karnan guilty of contempt and punished for 6 months imprisonment. In the grab of judiciary malafide plays are scaling up every now and then. It is crystal clear that recently Justice Muralidar got transfer from Delhi High Court because he pulled up Delhi police for failing to register FIRs against three BJP leaders for their alleged hate speeches which purportedly led to the recent violence in northeast Delhi. Soumya’s murder and rape case [Govindhachamy vs State of Kerala] was an opportunity where judiciary could have set an example in the society by awarding death punishment to the accused. The Court had taken five long years to deliver the judgement and as it is rightly said that justice delayed is justice denied. Which court could have proved wrong by a just decision declaring as the rarest of rare case and concluded as mere robbery and assault.In the Delhi gang rape case[Kritika Padode and anthrs vs Union of India]the court found the juvenile accused is guilty of murder and rape of a 23year old girl and he got away just three years imprisonment who violated the victim’s body with iron rode and pulled out her intestine. Though the rest of the four convicts hanged after 8 years is justice languished and justice denied. India is constipated with lots of humbung.Take religion, sex, education even administration of Justice. Here all we can see there are some people to manipulate things in favour of private interest. People have been slaughtered in the name of cow protection. Couples have been murdered in the name of Love Jihad. Artists have been threatened for their creativity. Modesty of woman is getting outraged in every single moment in our country. Political gimmick played a very crucial role in the clashes between the Hindu and Muslim communities in Muzaffarnagar and even in Delhi riot which occurred recently as a part of Citizenship Amendment Act 2019. Why it is necessary to exclude Muslim Immigrants from CAA. Why court kept dump face when presidential order scrapped the special status of Jammu and Kashmir and delayed in its action to release detainees in Jammu and Kashmir for last several months and still on?Should we tag people on the basis of religion? Should religion be a factor when two adults fell in love?What we really lack is the enforcement of law. No citizen shall be deprived of his personal liberty without reasonable evidence against him is the bedrock of human rights and the cornerstone of an equitable system of justice. The people have voluntarily given the state enormous power over their lives in order to live in a lawful society. When the state errs in exercise of this power it must offer reparation to its victims. Not doing so would be breaking covenant that is the bedrock of a democracy.Delay in disposal of cases and pendency are most important challenges of India’s legal system at present because of this people are tasting bitterness and savour of injustice instead of sweetness of justice. Problems in the smooth dispensation of justice are multifold and multifarious. So speedy trials and fair representation along with enforcement of law is the need of the hour and compassion and wisdom are expected more from judges along with other qualities like integrity impartiality and fairness.Wings are meant for flying not crawling. The wings of Indian citizens are the rights conferred on them by the constitution [lexi loci] to raise their voice against unjust and illegal activity in a reasonable manner and this wings carry weight. This weight is responsibility .The responsibility convey one message that is live and let live.
Good work my friend.Well said about the current scenario