DIMINISHING PUBLIC INTEREST
Public outcry over cash discovery at residence of a Delhi High Court Judge is slowly dying down. Media reports state that the Chief Justice of India had assured an advocate activist to list a writ on the matter, but the issue appears to be losing its momentum.
Public memory is very short these days. Media has got busy with more exciting news.
Lawyers of the Allahabad High Court had tried hard to keep the issue alive for a while. They have been remarkable and brave on this issue. and they have not lost as yet.
In fact, lawyers, social activists and intelligentsia across the country had appeared genuinely outraged over this episode.
But it should not be obfuscated with moral outrage and false pretensions alone.
NEED TO SEE THE ISSUE MORE HOLISTICALLY
Those with deeper awareness of society, judiciary and human behaviour can see the issue well beyond the legal and clerical technicalities or moral prisms.
Corruption in judiciary is rarely talked. This may not be the only issue or malaise afflicting judiciary. But if the menace of corruption has reached judiciary as well, let us be very clear that most other institutions have already been compromised and corrupted.
But this offers an opportunity to the leadership of the judiciary to go down in the history. It can use an iron fist to set many things right. Both within and outside its own institutions. Its reverberations may force innovations or search for solutions in many sectors that we only talk about.
A functional and transparent criminal justice system is a prerequisite for dignified existence of every Indian.
In the largest, and the most cacophonous democracy of the world, we cannot avoid professional attention seekers. In their quest for publicity, they land up trivializing even the most sensitive matters impacting our society and its people.
But this does not take away the enormity of shock over disclosure of suspected vulgar underbelly of the most venerable and trusted institution of any open society. What is important that we attempt to see the issue in its entirety with all its potential implications.
A STREEAK ON INSENSITIVITY UNDERMINING CREDIBILITY OF JUDICIARY
In recent times, a substantial section of our judiciary has displayed a streak of brazen human insensitivity. It has raised doubts about commitment of this institution towards society or its people. Many of its judgments appeared driven by something entirely different than the nobler ethic of law or justice or defence of integrity and cohesion of society or even long-term security of this nation. Listing these out shall distort the focus of this write up.
But a closer examination suggests that the underlying conditions may be far too deep-rooted and complex.
But the potential consequences appear too dangerous for entire society and all our aspirations for great power status, if not detected and dealt with.
We all read details in media on how our Honourable judiciary inflicted incalculable pain and trauma on a minor - who had already been traumatized by forcible grabbing of her private parts and breaking of strings of her pyjamas -by observing that such actions by her tormentors did not amount to attempted rape. Every stakeholder of this nation, going beyond judiciary, must hang their head in shame. It is difficult to believe such conclusion is possible for any human mind without psychological pathology, including capitulation to underhand pressures or allurements.
This is not an isolated incident. There would be scores of these, unreported in media, which undermine popular trust in credibility and ability of Indian state and Indian judiciary to protect unarmed citizenry who trust laws and institutions of state.
A SYTEMIC DECAY OF THE INSTITUTION
Even a speculation on what drove such observation shall make citizens liable for punishment for contempt of court. But what is undeniable is that Indian society is suffering from such serious pathological disorder that is beyond capacity of legal-clerical framework of rules and laws to address.
Public uproar over judicial assault on a highly vulnerable victim saw the Supreme Court descend in damage control mode. It overturned the decision of the High Court. But that is not sufficient to restore credibility of judiciary as an institution or popular trust in its integrity.
Whether a district court or a High Court or the highest court, they all must have same interpretation of law, if not absolutely than at least substantially. This is what differentiates an institution from a motely crowd of people, where each pursues its own private agenda. An institution of a state is expected to act in the most impartial manner where- irrespective of individual outlook or orientation of an incumbent- its approach to issues, as an institution, has to be uniform, consistent and logical, in most cases. Integrity and trust provide the bedrock for the same. Today that integrity factor is fast disappearing.
NO PRE-JUDGING ANY ISSUE OR ANY INCUMBENT
When I wrote the previous post, a well known author, writer and former journalist confronted me and asked whether I genuinely felt that the man at the centre of this controversy was really guilty, if I used my deeper eyes to see and assess, entire society. And should anyone be punished even before a due process of law? Aren't there bigger sharks in this institution or elsewhere?
Of course no one should be punished without due process of law. Many among the Delhi's legal circles, are vouching absolute innocence of the incumbent in question.
Some of them advocated incarceration and deterrent punishment for people as any word on such matters amounts to serious contempt of court.
Amidst these, a beautifully drafted letter, purportedly addressed to Chief Justice of the concerned High Court by the so-called "victim judge" is making rounds on the social media.
One can never vouch for authenticity of such letters but contents of the letter are hint at serious conspiracy cum mischief by some unknown identity. The letter claims that the room in which the cash was not part of the main house and all and sundry used it store various stuff varying from broken furniture, mattresses and speaker etc.
The "victim" Judge was out of station when all this happened. , with help of Drivers and or personal staff of the judge. However, the urban naxals claim that if Drivers or junior staff managed to get hold of such big cash, they would have disappeared with the same rather plant it on anyone. Of course, eyebrows are raised that our system could only
I told of course, corruption is unwritten and yet near universal fact of life for every successful Indian. Our systems appear rigged to an extent that even breathing can become challenging for anyone seeking to adhere to norms of absolute incorruptibility.
WHY BLAME JUDICIARY ALONE WHEN SOCIETAL ECOSYSTEM IS RIGGED
Barring a few spirited and insane idealists, who are practically too naive, if not outright fools, worthy of being jeered, mocked or ridiculed, and almost entirely irrelevant in society, most successful, educated and tactful Indians tread with caution on this issue. And they cannot be blamed. Yet, if someone is caught for any reason, the person has to be sacrificed. That is the risk one takes by turning pragmatist.
It is irrelevant that how many people are corrupt. This match will go on between the honest and the corrupt. And that alone can force the stakeholders of a society to search for answers where honest becomes viable for dignified existence. Honesty does not become an impediment in either enterprise or success or even prosperity. This is possible and society has to make an effort to move in this direction, it wishes to optimise its overall potential.
Of course, judiciary alone is not responsible. They are as much outcome of society as any other component of state. But for the sake of security and stability of society, they need to appear better and superior and more virtuous than the rest. Their decisions impact society.
It is true that entire justice system in our society has been reduced into a legal clerical match. It is time to break through this stereotype. Not for the sake of any rhetoric. But in genuine quest of security and dignity of every Indian. Rich or poor, powerful or vulnerable.
Indian democracy cannot be dismantled. But efforts to subvert will harm all of us and far more people beyond our borders.
Judiciary alone is not responsible for the wider malaise that we are facing as a state and society. But Indian judiciary cannot afford to be overtaken by this malaise.
(To continue)
