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Is the Supreme Court even Supreme?

I am sorry to say, but the biggest white lie being said in India, since ages, is that “We respect our Judiciary and have full faith in it.” However, the reality is exactly opposite to the same. So, let’s cut the crap and accept the fact that most of the people take the Judiciary very casually. These are the same people who have actually made a joke of the entire judicial system. Forget about having any faith in the judicial system, they aren’t even scared of taking the law into their hands.

Every now and then, we witness that the Honourable Supreme Court’s judgments are being openly disobeyed, law and order situation gets out of control, public property is being destroyed, hate speeches are being delivered, innocent citizens are being harassed, and eventually an environment of fear and insecurity is created in the minds of the common man. All in all, the entire government machinery, on whose shoulders lay the responsibility of properly implementing the court rulings, fails in every aspect.

I have no hesitation in saying that it’s the Judiciary itself which is responsible, to a large extent, for such a bad state of the judicial system in our country. With utmost due respect, I would like to further say that in spite of the fact that the entire country was set on fire, “on account of politically motivated riots”, against the orders of the Honourable Supreme Court, it seems, as if the court could do absolutely nothing. In the recent past, we have witnessed this happening in the case of Movie Padmavat and amendment in the SC-ST Act.

Even though, the Honourable Supreme Court confirmed that there is nothing objectionable in the movie Padmavat and refused to ban the same. Still, it could not be released in some of the states. Similarly, against the judgment of the Honourable Supreme Court with regard to amending the SC-ST Act, there was unrest in the country for so many days, on account of violent protests. However, did the Supreme Court take any cognizance on the same?

Weren’t all such violent protests a clear-cut case of contempt of court? Well, there is no place for violent protests in a democracy. If someone doesn’t agree with the court’s order then s/he should legally challenge the same instead of taking the law into their own hands and destroying the public property or threatening the common man. Still, the Court, the Government, and the Law enforcement department, just observed as a mute spectator and failed to perform their respective duties diligently.

Above all, the big question is that when the Honourable Supreme Court itself could not even ensure that its own orders are being ‘peacefully’ implemented or else those responsible for not getting it done are duly punished, then will it be right to address it as Supreme anymore? To be very honest, the credibility of the Supreme Court itself is in question.

Honestly, the corrupt politicians will always try to misuse the power they possess but shouldn’t the court ensure that these politicians don’t get a free hand to play with the democracy. Even in the cases, where a landmark judgment has been passed by the Honourable Supreme court, in larger public interest, the politicians overrule it by way of passing an ordinance. I know that in a democracy, the Parliament has the power to bring an ordinance against any court order. However, shouldn’t the larger public interest be kept in mind before coming up with any ordinance, keeping aside the vote-bank politics?

At the same time, we, the citizens, could not escape our responsibility just by leaving everything on the court or the politicians to decide. We are equally responsible for such a bad state of our judicial system. Isn’t it our duty to question everything that isn’t functioning properly? Are we satisfied with the way judicial system operates in our country? Do we ever raise our voice against the system? If not, then we all are definitely responsible for each and every single illegal activity happening in our country.

Somehow, we have accepted it as a norm that it’s going to take years and years in the courtroom to decide on any matter. Actually, salt is being rubbed on the wounds of the victim by the Judiciary itself by permitting the cases to prolong for an indefinite period, and in a way, denying the justice. Do we ever question the Judiciary that isn’t it accountable to dispose of every case in a timely manner? What is the relevance of the courts if they can’t even ensure that Justice is being achieved in a reasonable timeframe? Don’t we all know that Justice Delayed is Justice Denied?

To be very honest, there is no fear of judiciary in the culprits, on the contrary, it’s always the victim who is scared to knock the door of the Judiciary and enter into year’s long vicious circle of a stressful and tiresome process of achieving justice (if at all). It seems as if the poor, powerless and the victims are the only ones who still look up to the courts with the utmost respect, even though they themselves are not much hopeful of achieving the justice.

I hope the Honourable Supreme Court will take note of this alarming situation, as well as, take necessary action before it’s too late. After all, the very credibility of the Honourable Supreme Court is at stake. Simultaneously, we all should remember that it’s only when we respect the Judiciary and have full faith in it, “in the real sense”, we can think of building a peaceful society, and not otherwise.

I wish that may the Almighty give good sense to each one of us.

Stay in touch.

God Bless!

Peyush Jain

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