Opinion Reclaiming the judiciary

It argues that several eminent citizens,including jurists,had requested Sabharwal after his retirement to seek an independent inquiry to clear his name after questions were raised about his handling of cases dealing with sealing and demolition of illegal commercial buildings in Delhi: “Justice Sabharwal’s refusal to submit himself to an inquiry and the law ministry’s refrain that there was no law to proceed against a retired CJI did no good to the image of the higher judiciary. Justice Balakrishnan is also in the line of fire from several quarters.”

Besides,it says,the judiciary has time and again come under criticism for its over activism,a case in point being the apex court’s intervention in the Godhra train fire and the post-Godhra riots leading to a “needless” five-year stay on the investigation and trial. “Chief Justice Kapadia’s scheme for institutional revival is yet to permeate through the system. The judiciary suffers from several infirmities and the rot in the system runs deep. The CBI has registered a case of corruption against a high court judge a day before she retired… The less said the better so far as lower judiciary is concerned… Corruption is rampant and the accused rot in jails for year as courts grant adjournment after adjournment without reason and rhyme,” the editorial argues,adding that all the three organs of the state will have to join hands to reform the judicial system.

Let Pakistan fail

Organiser carries two articles which strongly argue against India holding talks with Pakistan. While one strongly rejects the argument that a stable and strong Pakistan is in India’s interest,the other points out that talks with Pakistan can wait as the need of the hour is catching up with China on the economic front.

“We don’t need to have any dialogue with Pakistan,composite,comprehensive or whatever. Let Pakistan stew in its own juice. It is steadily going down the drain. Let it,we can’t stop it. Indo-Pak talks make no sense. They only bestow respectability on Islamabad. We should,at best,have Indo-US talks on Pakistan which would be more to the point. The US is still pouring money into Pakistan’s coffers as it did into Mubarak’s pockets and what did it gain?” one article asks. “We can talk with Pakistan only when its ‘liberals’ come into their own. That may take another decade,perhaps even half a century. We can afford to wait. What we should be interested is in our own economic growth,” it says.

The other argues: “Let us admit that Pakistan is a failed state. It is destined to disintegrate. If India can help the pro-democracy,sub-national identities of Sindhis,Pathans and Balochis,it is in India’s interest. India can promise them maximum autonomy. It can take care of their defence requirements against aggressors internal as well as external and guarantee absolute autonomy in internal matters. Gilgit and Baltistan within PoK are already seeking India’s support.”

Despair about Delhi

The lead editorial in Organiser talks about the increasing incidents of crime in the national capital,saying that the Delhi police comes under the Union home ministry and hence the blame for its failings must be laid on the doors of the UPA government. “In fact this is the ruse that the Delhi state government and Chief Minister Sheila Dikshit take. But it is up to the Delhi government to pressurise the Centre to act on the issue,” it notes.

The editorial points out that the rate of conviction of criminals in Delhi is poor and the number of undertrials in jails huge; jails are hard-pressed for space,and each cell has more than the number of criminals it can accomodate. Undertrials languish in jails for long,long years. “While VIP security gets fortified,the common man is left to defend himself,” it says.

Compiled by Manoj C.G.