Missed priorities of SCI
A great concern is being shown for
the remarks of the honourable CJI while responding to a request for priority
hearing on Police brutality while dealing with NEET related protests. The CJI
has specifically stated that the Court has no time to hear the matter. The
widely spreading protest and the worsening law and order situation is not a
matter of concern for the CJI.
It is pertinent to note that the
other important cases like merger of political parties or defections of peoples’
representatives including the matter regarding defections of a group of Shiv
Sena MLA is pending despite settled legal principles proclaimed by the SC
itself while leaving the actual decision as to disqualifications of the
defectors. The decision of the speaker of the Assembly is not a fair decision
and as the challenge to his arbitrary decision is kept pending enabling these
defectors to contest subsequent elections. The newly elected MPs of the Shiv
Sena also are won over by BJP with a lure to ensure funds for their
constituencies. Very immune system of the Democracy ensured by the Anti
defection laws is being compromised as the SC does not consider the matter as
an important matter. Nothing can be more unfortunate if a matter concerning
democratic values is not to be treated as an important matter for priority
hearing and providing a license to the party in power to play fraud on democracy
without any fear of appropriate legal action.
Even the matter in regard of Maratha
reservations, which is nothing but an attempt by a party in power to ensure its
vote bank in appeasement of the well-established caste in power is also not
being treated as a matter involving urgency. Refusal of interim stay to the
politically motivated reservation policy having no rational nexus to the object
to be achieved, (i.e. enabling a socially weak class to ensure its uplifting),
has directly affected the rights of the students and members of other social
classes including that of open category, defeating their chance of better
prospects.
The priority of the SC regarding
hearing of review application regarding Sabrimala temple entry case is
surprising. A progressive decision is being reviewed on priority basis. The
Constitutional mandate of adopting scientific approach over superstitious
approach is sought to be defeated.
It is not that the SC is not acting
sensitively in its entire approach of administering justice. The systematic
steps initiated for disposal of old cases are welcome. Even the SCI has done
away with lengthy vacations and has worked to its full strength to ensure
disposal of old matters by redefining the vacations as Partial Working days.
Though the vacations are treated as partial working days, the SCI has worked
full time to ensure disposal of old matters. This step is an honest endeavour
by the SCI.
True it is that the SCI is busy in
disposing pending matters and is working hard to ensure disposals, the
priorities as to important matters are required to be judicially assessed. Any
matter concerning democratic institutions needs to be heard and disposed
expeditiously so that people’s faith in democracy remains intact. Erosion of
people’s faith in their representatives leads to frustration of voters and
consequentially enables reach of corrupt ones to the temples of democracy.
Matters like social reservations,
when are ignored, leads to extreme frustration of the youth of the country
leaving them to walk the path of socially hazardous movements so also to adopt
the unethical life to earn easy livelihood, which otherwise they feel as robbed
of from them.
SCI needs to be more sensitive.
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