Whoever has come to sit in the Chair of the Chief Justice of India has begun to think himself or herself as the guarantor of the constitutional rights. Little these little boys and girls know that they are nobody without the tax payers money and their rights flow from the simple reason that the citizens are willing to follow the rule book. The little boys’& girls secret club called collegium cannot provide for the rights of people in some of the territories under the rule of the constitution. The self-glorification of these people is laughable because of their sense of being morally superior beings inspite of having no connect with the reality that exists in India that should have been realistically Bharat. A recent lecture of the CJI designate only affirms the points. (https://barandbench.com/pendency-disrepute-system-irrelevant-plan-cji-designate-ranjan-gogoi/)
“The accused in a criminal case is getting a hearing after he has served out the sentence”.
This one sentence will tell the failure of the judicial system which has been accepted and acceptance is a step towards correction. What is not said is also equally important. The words that did not seem to have been said are the phone a bail offers and the failure of the courts to either close the cases or allow for the investigation of cases. The letting go of accused in serious cases like rape cases, national loot are nothing but a joke on the common citizens. The identification of citizens as prominent civil society members, eminent individuals, etc are discrimination induced by the judiciary.
“As the architects and engineers are responsible for a good house, you as a lawyer and me as the judges were, are responsible for what society is. What we get to see in the society every day, what we get to see how human rights, political rights, social rights of the 130 crores of Indians are delivered.”
Having destroyed the society the little boy’s club now thinks that it is responsible for what society is. If these people have any sense of shame they would make the corrections in their ways of secret working and become one of the most transparent systems in the country. But the self appreciation club does not care two hoots for the citizens. These courts think that they are delivery boys of rights of 130 crores of Indians but in reality they are delivery boys of a few well connected groups whose cases are heard at top speed and priority.
“…. Judges often shine with reflected glory. A good many of the judgments reveal not so much of the legal vision of the judge as of the counsel who argued the case and assisted the judge by forensic arguments in preparing the judgment…”
Again Lol. The judges do not believe in evidence but only want to go as per the fake news channels and their beliefs because some special people think in a particular fashion. The evidences have gone out of the window in the cracker ban case and arguments have committed suicide in sabarimala case. We can proudly say that the courts have become little boy’s club.
“….Chief Justice Marshall…. Daniel Webster….John Kennedy…… Jinnah….. Motilal…”
“Yatho Dharmsthatho Jaya” and not one word about Dharma nor is there one quote from the numerous scriptures related to the shastras, puranas, or other great literature available within our country. The grown sahibs would surely make their makers very proud. These modern day dharmarayas would have no clue about shukhma dharma, apathdharma, etc. These great beings in the current times do not even like to say which rule is broken or which law if violated but quickly pronounce judgments without a clue to the arguing parties.
“Law it has been said does not live in the books, it lives with the professions…..”
The series of words being said is almost like a stand up comedy. The law does not live with the professions of those who practice it. It lives in the everyday lives of the people of the nation. What the citizens follows is a law and the state should see that it gets updated unless the actions of citizens is causing harm to other citizens. But in a banana republic, the little boy’s club thinks that they are a class apart and it is their profession that gives shape and breathes life into the law.
“The second is providing access to justice to the huge poverty-stricken population of this country.”
After all the self glorification, the CJI believes that justice is not delivered to the poverty stricken population of this country. The only solution to this is to stop giving access to the special groups who are funded by foreign nationals. The myth of poverty has been broken while the courts have slept while the rights of these very same people were stripped by the governments of the older days which were cosy with the judiciary. No one was punished for the gross violations in several ways. The poverty stricken does not get justice it only wants the justices to get the way out of their way and ensure speedy prosperity.
“One area where the Youth Bar Association can help is to offer voluntary legal service.”
Voluntary service is a good one but why the pricing is not capped. There is a capping on several things and even the crackers were banned by the courts just to satisfy the needs of three infants. Why cannot the courts enforce a strict cap on the cost of justice to satisfy the needs of the so called poverty stricken population? People want to have cake and eat it too.
“Social engineering in providing access to justice, in enabling a person who cannot come to court, to come to the court and traveling beyond legal aid and expanding the scope of legal service to giving each man his due under the law….”
The standup comedy does not end. Social engineering in the political system of India is dividing Hindus in the name of caste and uniting minorities by scaring them of Hindus. The Justices have been doing the same using the judicial powers in a more subtle way. The subtlety cannot be missed. If the courts were so worried about the social engineering, then they would stop the accused from going on foreign tours for a variety of issues.
In the end one thing I would say about the future CJI. It is IOI all the way because the Gogoiji wants to do social engineering, deliver rights and loves to quote out of India people more often than heroes of our nation. Even before his term has started Gogoiji had the distinction of bringing the moral high ground of the CJI to the floor with that dubious interview and has made his way to the coveted chair. In the days ahead there would be more Social Engineering. Brace up Indians, you would not get law as per the statements made by the law books but Social Engineering is what we get.
Picture Credit: India TV