Sub. : FORMER JUSTICE MARKANDEY KATJUS ALLEGATIONS CAN BE CONSIDERED ABIDING OF JUDICIAL DISCIPLINE...??? - Dr. Perkin Raja, Advocate - Gujarat High Court Judiciary is considered as highest place in the democracy. Any political, elected, appointed government semi-government people to have respect for it, and its orders are essential to maintain its honor. In democratic country like India where still believers in public administration and in common man the impartial opinion of judiciary is prevails. E.g. Late Indira Gandhi in the past, the current Prime Minister Narendra Modi also experienced the impact of a judicial decision by judiciary, and willy-nilly have obey their orders. From institutional structures, political parties or social organizations or common man of society to unjust affected are trust judiciary with eyes closed and obey its verdict to get justice in the prevailing political situation, as well shows that the judiciary is much strengthened and reliable in India... The famous lawyer Dr. Perkin Raja has given his reaction about allegations made by Press Council of India chairman and former Supreme Court judge Shri Markandey Katju In such circumstances; Former Justice Katjus allegations are detrimental to the dignity of judiciary and leading to wrong system, because democratic constitutional structures and judiciary system has a distinctive identity for its credibility, honesty and preservation of the justice tradition. Former Justice Katju has decades of experience and he is a veteran law luminary. Controversial statements are given by him in front of public of nation in the past which has faded their honor as position of Press Council of India. Judiciary follows its system in a very good and healthy way. This is a system which a public comment, debate is prohibitive. Because there is no provision of any official spokesman in judiciary then former Justice Katju does not have the right to speak against the system and arrangement… Although former Justice Katju is well known to the judiciary and its inter-formation, he is purposely trying to harm a designation based reputation. It is a very sad incident. The issue raised by former Justice Katju, is a ten year old alleged sequence. A clear picture overt in the mind of commoner that by establish relation to the event in todays context the former Justice Katju is working on his hidden agenda… So undoubtedly opinion poses against former Justice Katju among associated with the justice system, experts and legal luminary, and their aforementioned allegation have been viewed deliberately. Many questions are raises in the minds of the legal luminary and current and the former judges. Such as; (1) Why former Justice Katju has not challenged prior ten year alleged appointment process in judicial abiding at that times? Why not stopped? If former Justice Katju has honest tendencies then would have either 1) could have present this issue in Collegium of the official authorities formed by judges of the Supreme Court or 2) the option was open to place their opinion in front of the president for the above said alleged malpractice in judicial abiding. An image is perceived that now personally taking advantage for aforesaid events by not raising at appropriate time. (2) Sometimes a disorder or one intended to be push back by one of the beneficial trend in judiciary too where fair prevention efforts are done. E.g. The appointment of Lokayukta in Gujarat is only due to the direct intervention of judiciary that streamlined the entire process in a judicial perspective. Established the opinion of legislation by going against the regime that can be called a big win for judiciary. Justice R.A. Mehta was affected in the entire sequence who has not said a word until declaration of his judicial appointment by the Supreme Court and remained compelled to high tradition of judiciary and he has not shown any disputed statement or severe reaction against the injustice done to him. At last he has modestly decided not to take charge at the expense of the dignity, at that time he had not expressed his displeasure against the current government and related departments. Which will be written in judicial history in golden words as a suitable approach of the judiciary. (3) Former Justice Katjus alleged gesture are repulse to honor of designation with traditional mechanisms of judiciary, dignity and privacy. Which can be considered unfortunate practice of set up a bad system in judiciary. Even the judiciarys awe and effective grip is prevails in public life that a commoners can think hundred times before speaking against judicial procedure then the above sequence is identical to the red light for reinforce maintenance of social systems. (4) it seems that former Justice Katju has an intention to create biggest misunderstandings among believers of judiciary, legal luminary, judges and former judges from the above allegation. (5) In future, a contaminated person continues such systems by doing partitions among judiciary and fears arises in the judicial field that the judiciary will be misused to deal with their specific intention. Former Justice Katjus purposeful silence during his tenure regarding these alleged matter is exposing his malicious intent. Why not complained to the president when he was in position at the corresponding time? (6) In the end former Justice Katju has played worse role of judiciary spokesman of the self. Against which each Judges of India, legal luminary, individuals involved with the justice system, lawyers and the public in society have to initiate a campaign to get rid of such elements from judicial world by better knowing them, as Dr. Perkin Raja said. Dr. Perkin Raja Advocate - Gujarat High Court
Posted on: Thu, 24 Jul 2014 12:15:04 +0000
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