Not done, Justice

When politics is dominated by controversies, it is too much to expect non-political institutions to remain immune from them. The revelation ...

When politics is dominated by controversies, it is too much to expect non-political institutions to remain immune from them. The revelation that Justice Phukan had been provided an Indian Air Force aircraft to make what was essentially a private visit with his wife, is a reminder of how judges are getting increasingly implicated in the petty politics of patronage. It is immaterial whether the granting of such favours actually influenced the outcome of Justice Phukan8217;s investigation or not. What is indisputable is that Justice Phukan had put the credibility and impartiality of his Commission on the line by accepting a favour from a party that had a vested interest in the outcome of the investigation. He was in charge of one of the most sensitive and high profile cases of recent times, and he ought to have done everything to ensure that his conduct was above board.

Justice Phukan8217;s response to the charges has only made matters worse. He draws a distinction between asking his secretary to arrange for a trip and specifically asking for an air force plane approved by the defence ministry. This distinction is immaterial. He clearly accepted a favour from the government that he should not have. His reference to the condition of the toilets on board the aircraft he took and the fact that his wife and he had to carry their own luggage is not particularly germane either, and suggests a singular lack of attention to the gravity of the charge involved. At the very least, he ought to have admitted that this was a serious lapse of judgment on his part.

The episode is a stark reminder of the fragile credibility of our institutions. We turn to judges and the judiciary as repositories of truth when all other institutions fail. But, increasingly, judges are being seen as partisan as well. And politicians are beginning to impugn motives to their actions, as much they malign each other8217;s behaviour. Judges ought to realise that when politicians do not like the drift of their findings, they will go after them. But it has to be said that in many instances the judges have made themselves vulnerable to such attacks.