012 Views of Mr. Narendra Modi in Conference of CMs and Judges, are subjective!


Outgoing-Retiring Chief Justices of India, express their anguish about the hundreds of thousands of cases piling up in Indian Judicial System, owing to shortage of Judges, Court Rooms. Justice Thakur was one among them. He emotion filled appeals also did not melt the hearts of our National Rulers, both of the UPA, and the NDA. Shri Narendra Modi, Hon. Prime Minister of India, is reported to have remarked, about the functioning of Indian Judicial System:--

Hon. Prime Minister's alleged Remarkybrao a donkey's personal view, not intended to be imposed on others
“...It is never too difficult to deliver justice within the boundaries of the law and Constitution. But it is very difficult to find the truth between perception and reality. It must be pondered over whether five-star activists are driving the judiciary today… if havoc is created to drive the judiciary. It has become difficult to deliver justice in an atmosphere of perception...”Hon. Narendra Modi may be pointing out his finger towards NGOs and Activists such as Ms. Teesta Setalvad, an Indian civil rights activist and journalist, reported to be the secretary of Citizens for Justice and Peace (CJP), an organisation formed for fighting for justice for the victims of communal violence in the state of Gujarat in 2002. CJP is a co-petitioner seeking a criminal trial of Narendra Modi, the then Chief Minister of Gujarat and the current Prime minister of India and sixty-two other politicians and government officials for complicity in the Gujarat violence of 2002 and whose names did not figure in any of the FIRs /charge sheets that formed the subject matter of the various Session Trials regarding the riots at that point of time.

No. of such Foreign-Aided litigations may be few in number. They need not be treated as nuissance. Ultimately when they are disposed off by the Judiciary as appropriate on merits, the Foreign Donors will get a message that their Finances were futile. On the other hand, if the Indian Government, or the Indian Courts shun such litigations, the Foreign Donors may use such as instances as their Publicity Material.

Problems of Law and Order in Indian States are essentially India's domestic internal issue, about which Foreign Organisations, and their branches-subsidiaries in India cannot have any locus standi. Their trying to interfere into India's internal affairs, that will not only be against Geneva Convention, but also, other priorities of Global Organisations will get neglected.

The Sufferings of the Indian Judicial System, and the activities of Foreign Contribution Beneficiary Human Rights Activists, may have to be dealt with separately. The Indian Judiciary can effectively deal with frivolous/vexatious litigation promoted by Groups receiving Foreign Contributions. Indian Judicial System does not need any prodding in this respect.

The problems of the Indian Judicial System are more serious, if we consider that Rule of Law is the backbone of our Democratic System. Indian Political Rulers cannot use Foreign-Promoted-Litigations pending in Courts, as a Lever to make Indian Judiciary subservant to Indian Politicians.


To come back and continue adding / deleting / modifying.

Comments

Post a Comment

Popular posts from this blog

014 Independence of Indian Courts and Judges appear to be at peril owing to Temptations before Judges

Image
TODAY'S untrivia: THE TELUGU PROVERB 'KUNJARA YUDHAMBU DOMA KUTTUKA JOCCEN', approx. Engl. equivalent 'A herd of Elephants entered into the throat of a mosquito', seems to apply to Retd. Supreme Court CJI. Recommendation of 1st Law Commission, 14th Report, as explained by Late M.C. Setalvad, one of Constitution Drafters, 1st Attorney General , Chairman 1st Law Commission, 1st Chairman, Bar Council of India: '....The Commission had, after careful consideration expressed the unanimous view that the practice of Judges looking forward to or accepting employment under the Government after retirement was undesirable as it could affect the independence of the Judiciary. We therefore recommended that a constitutional bar should be imposed on Judges accepting office under the Union or State Governments similar to the bar in the case of the Auditor and Comptroller-General and members of Public Service Commissions. ...' [ybmad contg.:] On advice of GOVERNMENT
Read more

004 Why should Junior Advocates be made scapegoats?

Image
WHY BLAME A JUNIOR ADVOCATE? NEWS HEADLINE : "SC PULLS UP MAHINDRA SATYAM FOR 'ARROGANCE' " The SC here refers to the Supreme Court of India. Pulling up refers to the Supreme Court censuring the Company "Mahindra Satyam". Brief Details : A dispute between the Company 'Mahindra Satyam' and the Income Tax Authorities regarding the earlier order of the Income Tax Department demanding a tax of Rupees 6170 million (617 crore). The Income Tax Authorities seem to be re-examining their demand of Rs. 6170 million and probably trying to reduce it. A letter addressed by the Company to the Income Tax Authorities asking them to withdraw their demand, has been interprted by the Attorney General Mr. G.E. Vahanavati as highly offensive. A three-judge-bench headed by the Chief Justice of India remarked : "You cannot do this in such manner. Instruct them (Satyam) to withdraw the letter. This is not the way." The Bench seems to
Read more

9 Prevention of Miscarriages

Image
Prevention of Miscarriages 9 High Courts and Supreme Courts ought to aim to prevent injustice. What is the use of post mortem? Topics for discussion: Miscarriage of Justice, High Courts, Supreme Court, Constitution, A.P. Bifurcation With due respect to the Supreme Court of India and the State High Courts in India, I am anguished to express my feelings as under: Supreme Court and High Courts seem inclined to intervene only after an injustice takes place and refuse to intervene if the petitioners approach in advance. Prevention of injustice, rather than some artificial correction after miscarriage of justice, ought to be the objective of a truly responsive Justice System. Philosophy of Justice expects that courts have to intervene, when applicants approach ahead of the actual happening of injustice, if there are indications of the injustice taking place, prima facie. Andhra Pradesh Bifurcation Bill serves as the best example of miscarriage of justice owing to refusal of High
Read more