Catchy Court's Catastrophe
When our constitution maker were humming around after the post-colonial period and first thing came in their mind was that justice would be the prime factor in the Indian constitution and it must be prevail for everyone ,from the supreme category to the lowest one. As they had seen the importance of justice when Britishers were keeping Indians apart from the judiciary or from the justice. Not just the fact they had seen this in long grown suppression or destitution from the judiciary but having justice available for anyone must be the principal of any democratic nation.
(Photo by Scroll.in)
Supreme Court's senior advocate Prashant Bhushan came into limelight when he took supreme court hand-to-hand and criticises the Apex body of Judiciary by showing his hidden anguish on the social media Twitter. When Prashant Bhushan commented on the Chief Justice of India SA Bobde astriding on the Harley Davidson. Where he was taking the jibe on Bobde's age that he is not in age to have the pleasure of biking beast or he was trying to say that the CJI must maintain a virtue as he holds the top judiciary rank and second one when he said that last 6 years decision of Apex court not varifies the historians those who will ever look back from future.
We've seen such sort of normal tweets around the social media for various governmental institutions on rare day basis. But SA Bobde and Bench of Apex court found it contempt of court and notified the Prashant Bhushan on his so called childish anomaly (according to CJI and Bench). They took this matter as a concern to the Supreme court's disrespect that one cannot comment on the judiciary body either within court's premise or on social media.In the issued notice bench said Prashant Bhushan crave for pardoning from the Apex body or ready to face the 6 months imprisonment and ₹2000 fine or both.
If B.R. Ambedkar would have been alive he must look into the fault in the constitution making that we didn't have had any idea that that would be the meaning of Justice in the upcoming decades in India. Being a democracy criticism or taking jibe on the any of the government or on the government body comes under the Freedom Of Expression and if not that what the basis of having a pledge of the fundamental rights. It sesms like someone unchained you to take a walopping ride and still controlling you by poking their nose in your pledge of having the freedom. This incident resembles like the Russian Czar's statement that "I'm the state and my word is law" and beyond this nothing exist.
We must ask to supreme court where it's blind folded justice of the maintaining the court's modesty when Justice Chelameswar with three more judges sat in front of the Media against tge Deepka Misra and putting allegation on them that government in cooperation with CJI giving priority to junior judges for the CJI post deliberately ignoring the already existing senior judges . That time Supreme court didn't take any notice towards this aghast decision and it was the very first time when we heard any Supreme Court justice publicly criticising the framed policy. However the matter didn't take any flammable way and gone likey a passing hurricane.
What about the Golaknath case the path-breaking decision in the history of the Indian Judiciary i.e. State vs. Golaknath against the Kerala Government when Kerala government issued notice in the conscience of Maths and regulating it's rules and supreme court safeguard the sanctity of Golaknath. Were those the bygone days and never gonna come back when the judiciary had acceptance and tolerance both in it's bag. Being the top authority keeps the Supreme Court out of the preview of the criticism ? If Judges who favoured Golaknath must be guilty in today's context ? Taking the membership of Rajya Sabha by Ranjan Gogoi after his retirement from the top notch body justified ?
Crime can be of two type either Civil and Criminal or the contempt of court when you do something malafide against the Apex Body or any of the judiciary but that's not the any malafication of court's sanctity. Let me put this in another way that Criticism is the key to reform of any system as we get to see in the government when opposition party raises eyebrows on rulling party policy. For a minute if we find Prashant Bhushan guilty but where it proves that it is the matter of contemptuation. Arun Mishar's comment on the Prashant Bhushan that he is "Scandslising the court" doesn't sounds good from any view.
Attorney General of India KK Venugopal eloquence saying and favouring Prashant Bhushan's that court must pardon him for his recalcitrance against the CJI and Bhushan in reciprocity thanks to Venugopal. When hearing was going on court gave Prashant 30 min more time to think on the statement or take back his launched arrow from the tounge but deliberately Prashant Bhushan denighed of saying sorry as he found nothing malafide .
Matters even picked up the top gear in the international newspaper New York Times who printed that An advocate found guilty of criticising the supreme court and by this we think that we can improve our dignity beyond India that would be proven nothing less than a nightmare. On this I can memorise the quote of External Affairs Minister S. Jaishankar that " India's reputation can't be decided by the newspaper of any foreign country", but this issue given a perfect sort to comment on Indian democracy and freedom of expression. Supreme Court has always been a last horizon of hope and having optimism for any applicant and for those who are seeking for justice and if Apex court start behaving like Fuheror than Indian Judiciary in deep caught of the swamp of catastrophe.
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