“ We want to do various things but we cannot do! Our capacity to do things is limited! This is a problem! Do you think with our directions, everything will be done? There will be no corruption? Should we pass an order, there will be Ramrajya in this country? “
This narrative is not by government clerk, bureaucrat, minister, chief minister or prime minister but coming straight fromthe Apex Court that too a bench headed by none other than the Hon. Chief Justice of India!
The Bench was hearing a petition in relation to growing incidences of encroachment all across the country. Supreme Court is meant to deal with the matters in appeal where interpretation of law persists.Generally, apex Court simply dismisses or admits without assigning reasons therefor. But aforesaid narrative, though not first of its kind, is surprising!This raises many doubts.
Jurisprudence is applied differently by different courts. One can understand if higher court differs with lower court. But how can one High Court opine differently than other High Court on similar matters. Courts are supposed to look into the applicability of law. They cannot go beyond this scope. If they do, instantly there are voices from legislatures alleging courts for intruding in operational issues.
Forlast 10-15 years, such instances are on rise. Reasons could be many. Legal activism has become a profession. Government administration wants certain issues to be settled through judiciary. Courts have no choice but to admit and adjudge the matters that fits into their rule book. However, there is no consistency in dealing with such matters, making comments as aforesaid, admitting and rejecting the matters.As a result public cries foul.
Last week, in Mumbai, govinda was performed flouting the order of the Supreme Court. Some dared to question the right of Supreme Court to decide on such matters of public interest, custom and faith. Same would happen when Supreme Court upholds the decision of Bombay High Court in case of Hazi Ali matter. In this matter, when High Court has granted six weeks’ time to go in for appeal in Supreme Court, why Trupti Desai wants to visit Hazi Ali before that ? We were law abiding nation. Maintenance of law & order and enforcement of law was the responsibility of legislatures and executives with the constructive role of media. In democracy, legislature is like engine of a train. If that derails, all other pillars start taking control that too of standstill situation!
Anarchism is becoming fashion. Though ArvindKejriwal and Raj Thackrey are few examples to quote, there are many such political functionaries who take pride in flouting the laws because they know they can manage the system. It started with politics of appeasement and corruption. It isdisease to society which cannot be eradicated overnight. Blame game must be stopped amongst pillars of democracy. Politicians cannot blame that Courts are usurping. When matter is referred to them they are supposed to give the ruling by relying on certain provisions of law. When rulings is inconsistent with practices and customs, public cries. Several customs are built up on practices of many years and cannot be construed to be in line with law of the land unless put to test. When such customs exceed the limits, someone knocks the doors of the Courts where they fail to pass the test.
Over ambition, expectation, grid and competition, are the causes for diminishing the values of life. This leads to a pressure cooker like situation resulting in frustration. For justice,Courts of law are the only ray of hope. Supreme Court makingaforesaid statements is not healthy sign.