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Criticism of judiciary: Is it justified?
I'd always thought that Judiciary is beyond criticism - a no go stratosphere even for those who are imbued with power. This organ of state is sacrosanct and we must accept whatever comes out of the august portals of Justice. Even the delay in justice may be justice denied but not to be criticized. I'm not an RTI activist and I don't want to be one knowing the risks involved. However, like Union Finance Minister Arun Jaitley, I often feel like asking a question too.

May be the polity of nation is also strained beyond the conceivable limits today. Take up the case of Babri Masjid. The long judicial delay in the Ayodhya case has created an unprecedented situation. What is the need of this century is a neat and clean solution for a problem that envelops the previous decades and centuries even. For close to 50 years the court has not finally decided to whom the disputed piece of some 2.6 acres belongs to.

We know the honorable courts are never short of advice to executive organ or whosoever has ever sought the advice. From pollution, match-fixing scandals to hawala the Court never ceases play its role. That is very reassuring and wise. There are anomalies also. There a was a time when Shri Kalyan Singh had promised to the court full protection to Babri Masjid. What happened to Babri Masjid and where is Shri Kalyan Singh today?

The various Muslim organizations have also from time to time said they are willing to abide by a court verdict, and in this it is understood that they would do so even if the verdict goes against them.

However, it is only the Vishwa Hindu Parishad which has been allowed to get away with publicly showing disrespect to the Constitution and to the Judiciary by defiantly stating that there can be "no other decision" except the decision to build a temple where one already exists. Does it not amount to threatening the courts when the matter is sub-judice?

Here is a towering factor of Aastha and who is to decide if you label your argument with that brand?

But sometimes even when the matters of Aastha are not involved the best of minds go wool gathering. They show the feet of clay. On April 18, 2016, Union Surface Transport Minister Nitin Gadkari said some government doctors use their good rapport with judges of lower and higher judiciary to stall transfers. Speaking at a program organized by the Medical Council of Maharashtra, Gadkari blamed the judiciary for stalling the functioning of medical colleges by pointing out deficiencies.

"Similarly, the courts point out deficiencies in the functioning of the medical colleges and also criticise the government functioning of medical colleges. This is not proper."

The same honorable minister had stated on Nov 5. 2014 that certain decisions of the courts are difficult to be executed by the government. "I am exactly telling you the truth. Suppose, someone wants to run a government, the process is simple. You have to fight elections ... But a media house or judiciary cannot take charge of administration."

And all those emotions cooking low simmer erupted to full boil when IPL was shifted out of Maharashtra. Just a few days back, he expressed his displeasure on the Bombay High Court order shifting IPL out of Maharashtra and said that if judges wanted to do the government's job, they should quit, contest elections and become ministers.

Shri Gadkari is an ex-President of BJP - an old RSS hand.

But the most shocking and disturbing comments are coming from our frustrated Union Finance Minister Arun Jaitley. Everyone knows that there is no love lost between Shri Subramanian Swamy and Shri Arun Jaitley. The invisible power of radical fringe got Swami in and that might have made Arunji distraught. In Rajya Sabha he took up the Judiciary by the horns on May 11, 2016 after BJP lost to Congress in Uttarakhand, first because of Uttarakhand High Court verdict and then by the Supreme Court. He claimed that the judiciary had been encroaching on legislative and executive authority. Very strong words from a Lawyer indeed! he understands what he said.

"Step by step, brick by brick, the edifice of India's legislature is being destroyed," Jaitley said during a discussion on The Appropriation (No.2) Bill 2016 and the Finance Bill, 2016.

To wind up this article I must remind the reader about the unusual display of emotions in presence of Prime Minister Narendra Modi by Chief Justice of India T.S. Thakur. He stated, "you cannot shift the entire burden on the judiciary." The CJI was seen wiping his eyes on three occasions, as the Prime Minister heard him in rapt attention. Mr Modi, who was not scheduled to speak as per the programme circulated by the law ministry, said, "I can understand his (CJI's) pain."

But the nation is more pained as it helplessly watches the outreach of different organs of State.

Someone has said that Constitution was developed by knowledgeable and learned Fathers for their innocent Children. They might have also considered these politicians a part of the same lot.

Editorial NOTE: This article is categorized under Opinion Section. The views expressed in this article are solely those of the author and do not necessarily represent the views of merinews.com. In case you have a opposing view, please click here to share the same in the comments section.
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