October 24, 2017

Open Letter to Supreme Court and Judiciary of India

To,

The Chief Justice of India,

Supreme Court of India

Sub:- Request to Kindly Introspect the Current state of overreach and Outreach of Judiciary on Legislative and Executive

Hon’ble My LORD,

With the recent few observations made by the various courts, both high court and few benches of Supreme Court as well; it’s been felt that court is either at intentional log Jam with the legislative; and working beyond the frame work laid down for judiciary by the architect of Indian Constitution.

With pending cases rising into five digit number, and we see selectively hearing cases of self-professed activist re beyond common men understanding. Certain accused receives hearing via phone, due to well-known and powerful lawyer lobby, while other genuine cases are mired in the pending list. From usage of airport space to levying taxes on vehicles, which are NOT AT ALL  the responsibility of judiciary are being aggressively interfered by courts on flimsy ground of petition been heard. This blatant interference in functioning of legislative and executive is undermining the enshrined values in the Constitution of India, which has clearly separated power (separation of power). The petition over *Santa Banta* jokes are admitted, but the vacation of court is not discussed, lack of judges is not to be discussed. Transparency and accountability is seek from the government, which is good, however elected government is accountable to people of India, to the voters and not to the unelectable lot.

Also, as per today’s media reports, where Supreme Court directs to armed forces on Quantum of Forces to be exerted in North East, is not acceptable if the said news is true, as army does not report to Judiciary, Indian Forces have responsibility of safe guarding Indian security on ground, and it will be only fair to demand, the orders are not issued to army from Secured Ivory Tower, far away from ground reality.

We don’t doubt the intelligence or capability of the judiciary, but certain actions are beyond the scope of Judiciary,which is not only to be acknowledged but even put into action. Recently, The Right To Information query on pending cases and since when and for how long, was rejected by esteemed judiciary, this raise a serious doubt on judiciary who wants to hold all others accountable, does not want self to be under scrutiny. In one of recent verdict, Supreme Court rightly mentioned, Even President of India can make mistake, and even his orders can and should be reviewed; it is here where the irony seeps in, that when First person of the Country is under scrutiny; why Supreme Court has kept Judiciary out of the lenses of accountability?

Collegium system, which was never part of Indian Constitution, but it was evolved by the judiciary and imposed; hence Collegium system can’t be protected from scrutiny and debate.  We, as Indian citizens surely wants independent Judiciary, and can’t expect the legal system be compromised, however, We also demand methodological checks and balances on Judiciary as well, By interpreting Judiciary observation on President– Even judges are human and prone to mistakes.

I would end the letter with the request to kindly re read the constitution, and thus request you to not encroach the legislative and executive powers; or rather participate in and have Free and Fair elections, where people decides, who will rule them; as monarchy doesn’t work in 21st century where unelected lot rules the nation of 1 billion people

 

Yours Truly,

Indian Citizen, who still has trust on institutions of India

Encl: Indian Constitution – which I think should be re read to understand the framework designed for each institution

 

Courtesy – http://www.propertyguru.com.sg/ for pic and You Tube for video.