The Role Of Media,Lawyers And Government In Shaping Judiciary
The Role Of Commercial Radio In Shaping Our Society
Judiciary vs Government: The Clash of Titans
Political Conflict Escalates Between Government and Judiciary
Our judiciary is trapped in all sorts of problems. There are many dark spots like witnesses turning hostile, loopholes in protection of witnesses and pending cases.The Judiciary is trying its level best to rise above such problems.However,the role of lawyers,government and Fourth Estate is crucial to rope in positive changes.Though the controversy surrounding the declaration of assets has diminished the aura of judiciary,it still plays a major role in shaping the future of India.
However,it's interesting to note that it judiciary itself that questioned the stand of CJI !!!Also let's not forget that that it was Supreme Court that passed an unanimous resolution in 1997 on declaration of assets.We need to have a look at the verdict view of Delhi High Court.
“Judicial independence is not the personal privilege or prerogative of the individual judge.It is the responsibility imposed on each judge to enable him or her to adjudicate a dispute honestly and impartially on the basis of the law and the evidence,” said the high court in its 88-page judgment.
“If declaration of assets by a subordinate judicial officer is seen as essential to enforce accountability at that level, then the need for such declaration by judges of the constitutional courts is even greater,” it said turning down the plea that Supreme Court judges were not bound to declare their assets.
“The source of right to information does not emanate from the Right to Information Act.It is a right that emerges from the constitutional guarantees under Article 19 (1) (a) as held by the Supreme Court in a catena of decisions. The Right to Information Act is not a repository of the right to information,” the court said."
Therefore,even if we critically examine the role of Balakrishnan ,one can safely conclude that judiciary is honest in its attempts to remove the elements that lessen its dignity.
In one of the significant verdicts given by SC Bench comprising Justices Dalveer Bhandari and Mukundakam it's stated that 'the government and its officers must welcome public interest litigation because it would provide them an occasion to examine whether the poor and the downtrodden are getting their social and economic entitlements or whether they are continuing to remain victims of deception and exploitation at the hands of strong and powerful sections of the community.'
However,the role of government is not encouraging at all.It has often tried to create embarrassing situation for the Apex Court.
The government claims to take all preventive measures to provide Indian citizens at a safe distance from the menace of terrorism. However,there are some groups in India for whom rights rights of terrorists are more important than rights of people wiped out in killings by the same terrorists.Look at the shadow boxing done by the government in case of Afzal.
Thank God,the dismissal of Afzal's curative petition by the Supreme Court poured water on the efforts of hyperactive secularists.The custodians of minorityism try to blackmail and pressure watchdogs of Constitution .Right from casting doubt over the efficiency of investigative agencies to questioning the 'intentions ' of judiciary ,no stone is left unturned to divert the attention of foreign media from substantial considerations to facts borne out of figment of imagination. It's really surprising that a terrorist managed to stir the conscience of human rights activists whereas the pleas of people trapped in fake litigation fail to elicit positive response.What has government done to bring Afzal's case to its logical culmination? Is anyone bothered about the delay in execution of such judgments ?
It's not that easy to deliver verdicts in such issues and when there is endless wait in execution of such verdict then it not only disappointing for the Court but also for the people wishing safer future.It only gives the impression that you can get away easily if you have money and support of political group.
Thanks to the high degree of transparency in selection of judges ,not affected by casteist and social prejudices ,it's not difficult for the likes of K.G.Balakrishnan to be at the pinnacle in judicial domain.There is hardly any merit in diluting aura of the CJI by weighing it in frivolous standards other than parameters laid down by the predecessors basking in virtues.
On the contrary ,the media should stop exhibiting holier-than-thou attitude in sensitive legal cases ,delivering the verdict much before case actually appears before the trial courts. The fourth estate has no moral right to overrule the appeal of Chief Justice of the Supreme Court ,who has requested it to refrain itself from interfering in judicial processes.
However,I am of the opinion that the defense counsels should empathize with the mental state of victim's family.In fact,defense counsels before accepting briefs on the behalf of the accused should ensure that there are substantial evidences to prove the accused innocent.In other words,they shouldn't entertain fake cases.The likes of Jethmalani should remember that role of the lawyer is to facilitate the court in arriving at right decisions instead of paving way for misleading and distorted verdicts.When we examine the cause of pending cases,the role of lawyers is not appreciable.They along with investigative agencies are to be blamed for making the job of judges too difficult.They should be more interested in ensuring justice to the victim instead of interested in sensationalism being hand in glove with media.
References:
timesofindia
times of india
