A MATTER OF CONCERN

It is really an irony that Indian judiciary in which the people of the largest democracy have full faith is today surrounded by all sorts of controversies not leaving even the apex court untouched. While the unnecessary meddling by the executive in its affairs continues to be the cause of concern, the internal rife after the unprecedented press briefing by some justices is an open secret now. In the latest happening that reflects the sordid state of affairs and its feeling among the judges came to fore when Justice Arun Mishra came down upon the Bar in very strong words criticising the manner in which judges were being targeted. The judge expressed his displeasure while hearing a medical college case from Kerala. According to the tweet by a Journalist “Who is spared in this court? Every Judge is targeted. By one arrow you want to kill all. You people are destroying this institution. If this institution is destroyed then you people won’t survive”, he said. It is pertinent to mention here that Justice Mishra has been a target for quite some time now with senior lawyers at the Bar alleging his proximity to leaders of ruling dispensation with certain cases affecting leaders of certain political parties being listed before Mishra J. which have been regularly cited by lawyers to allege bias on his part. It is a fact that certain disgruntled politicians are hell bent upon disturbing the institution of justice for their vested interests. The issue of appointment of judges has failed to get finally settled with the Apex Court collegium recommendations being flirted with by the executive on flimsy and un-sustainable grounds. It is a fact that the executive including the Centre as well as the State governments want an indirect say in naming candidates for the posts of SC or HC judges which undoubtedly is encroachment upon the independence of the institution of Judiciary. Given the existing state of affairs whereby those entrusted with the duty of providing justice are being unnecessarily irked by the political class in the executive, there is every apprehension of derailment of the fair justice system. As such there is a need for serious self-introspection by those at the helm of affairs in the Executive, Legislature and the Judiciary and carve out a path that brings an end to the sordid state of affairs which is prima facie visible to the common citizens of the nation today. The executive should give up its attempts towards undesired interference in Judiciary. At the same time the politicians who see Judiciary as a hurdle in ruling the roost at their free will need to shun their old habits without which it would not be possible to achieve the desired results. It is pertinent to mention here that there is a dire need for quick justice delivery system without compromising the quality of justice delivered for which the huge number of Judges is required. With the already existing huge pendency in Courts including the apex court it would be quite unfair to expect to bring it down in a situation where the Judges of the Apex Court have to confront the onslaught of executive’s interference. It is hoped that the Executive displays maturity and stops meddling in the affairs of Judiciary which is globally held in high esteem.