Whether the role of judiciary can be overlooked in the promotion of anarchy chaos and lawlessness.

Whether  irregularity , wrongdoings  ,dereliction of duty and tyranny in the
temple of justice committed by judicial members can be overlooked in the name
of independence of judiciary. If there is mockery and breach of provisions of
constitution ,then who is obliged and duty bound to protect it and curb its
violation. Whether it is justified to impose it wrongdoings and consequences of
anarchy on others.
 A chief judicial magistrate of Sitamarhi, Bihar,
recently entertained a petition seeking to set right a wrong that had been
committed in the epic Ramayana.
The
petitioner’s grievance was that Rama committed an illegality by ordering exile
of his wife Sita without she being at fault. In entertaining the petition, the
judge must have forgotten the basics of law and judicial process. Is it
justiciable ? Is it in public interest? The pros and cons is considered by
every lay man before performing any job but our judges drawing huge emoluments
of salary from public exchequer never thinks so.  The subordinate judiciary is groaning under
the weight of nearly three crore pending cases and yet the CJM considered it
fit to take up scrutiny of a mythological wrong . It means our judges are not
serious to reduce the heavy backlog causing deprivation of citizenry from right
to justice .
In a
novel idea, a high court judge said, “The miasma (noxious atmosphere) of
corruption can be beaten if all work together. If it continues, taxpayers
should refuse to pay taxes through a non-cooperation movement.”
Howsoever brilliant the exposition may be, the judge did not spell
out the options before litigants if they found corruption in judiciary. Should
they stop approaching the courts? The indiscretion is not limited to the trial
courts and the HCs.
A five-judge bench of the SC recently coerced the Arunachal Pradesh governor
to furnish “within 15 minutes” copies of his report that led to
imposition of President’s rule in the state. It was an elementary mistake. Any
green horn who reads the important judgments of the SC concerning challenges to
President’s rule imposed under Article 356, including the Rameshwar Prasad
judgment of 2006, would have realised that no court can issue notice to
governors or the President.
To its credit, the constitution bench, on being made to realise the
mistake, withdrew the notice. But the damage was done.

To
protect this, the judges must realise that with greater power comes greater
responsibility, and, exercise of greater power must necessarily be backed by
proportionate knowledge.

1 comment on Whether the role of judiciary can be overlooked in the promotion of anarchy chaos and lawlessness.

  1. In entertaining the petition, the judge must have forgotten the basics of law and judicial process. Is it justiciable ? Is it in public interest? The pros and cons is considered by every lay man before performing any job but our judges drawing huge emoluments of salary from public exchequer never thinks so. The subordinate judiciary is groaning under the weight of nearly three crore pending cases and yet the CJM considered it fit to take up scrutiny of a mythological wrong . It means our judges are not serious to reduce the heavy backlog causing deprivation of citizenry from right to justice .

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