Posted in Common Man, Democracy, Government, Hindustan, India, Injustice, Judicial System, Justice, Politics, Slogging, System, Victim

Is justice actually achieved in the current judicial system? – Part 3

Ha! Considering the present condition of our judicial system, the biggest crime should be to even think about achieving justice. Actually, I would suggest the authorities pass a law, stating that all those who expect justice, shall be adjudged as the biggest criminal and shall be severely punished for fostering such thoughts. At least, this will save a lot of time and hard-earned money of the common citizens from getting wasted in the unachievable expectation named ‘Justice’.

As per the media report published, on dated 29th October 2016, in Daily Hindi Newspaper Rajasthan Patrika, the Honourable Supreme Court blasted the Central Government on the issue of appointment of the Judges of the Allahabad High Court. Is it believable that in a country where there is a long list of pending cases in the court and the nation is already facing the issue of shortage of judges, the Central Government is sitting on the list of name of judges for as long as nine months? As a matter of fact, out of the total number of 77 names sent by Collagium, only 18 names were sanctioned by the Central Government, till date. If the Central Government had any issues with rest of the names proposed by the Collagium, isn’t it their responsibility to convey the same to the respective court? However, the government didn’t even care to speed up the process in the national interest. On the contrary, it seems the Central Government intends to raise the baby in its womb only. Why else will they refuse to deliver it, even after the expiry of the pregnancy period and the passing of the tentative delivery date?

Another live example of the pitiful state of the judiciary in the nation is that the Karnataka High Court’s entire ground floor is closed, on account of, non-availability of Judges. Isn’t it a matter of shame for the entire judicial system? Further, what more could we, the common citizens of India, expect when, time and again, the Honourable Supreme Court itself blasts the government for its careless approach on serious issues. Doesn’t all this, in itself proves that whether the responsible person even cares about the common citizens or not?

The reason of this present clash between the Judiciary and the Government is on account of differences in opinions with regard to the appointment of Judges through Collagium. Collagium in simple terms is the appointment of judges by a consortium of senior judges. The Judiciaries view is that appointment of Judges should be through Collagium, while the Government is altogether opposing the Collagium process of appointment of judges. This clash somewhere makes us think that whether this fight is to prove who the ultimate boss among the two is or what? As far as, the appointment of judges is concerned, whether the judges are appointed by the Collagium or by any other means, the chances of person-specific favours and biased decisions can never be completely ruled out. The hard-core reality is that till the time manual interference is involved in any procedure, the chances of biased decisions will always prevail.

Herewith, let me make it very clear that I am not supporting or opposing the Collagium system. I am just raising the point that the common man simply wants justice. Is it too much to wish for? Why should we, the common citizens, be a victim of the fight between the judiciary and the government? Why should justice get hampered on account of the clash of egos between the two institutions? The common men are so innocent and are too engrossed in their daily chores that they are least bothered about the manner of appointment of judges. Should their ignorance be a reason to debar them from justice?

What a pity that in the fight between the two institutions, it’s always the common man who gets crushed. No one else has to suffer, but the common man, who is bragged to be the most powerful person in the democracy. Doesn’t expecting justice in such a democratic world equivalent to fooling ourselves? To even think about justice in the current judicial system will be like demanding too much. I always thought that “Justice is everyone’s birthright” but it seems that the “Common man don’t have the right to birth; forget about the right to justice”.

I would like to end this blog with the wish that “May justice prevails over everything else” and may all those who are responsible for fair justice gets awaken and work in the right direction towards “Justice for All”. I do wish that the Almighty give good sense to each one of us.

God bless you all!

Peyush Jain

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