Thursday 28 January 2010

Lowering the prestige of the Supreme Court and the Indian Army

Two of the highest functionaries of the Country who were entrusted with guarding the law, order, security and honour of our Country has been found wanting. And this is a reflection of the deteriorating values in our society. It also reveals a brazenness that is beyong belief.
First involves the Chief Justice of India, Justice Balakrishnan. As a person who occupies the highest judicial chair in the country, he was expected to maintain high ethical and moral standards. But unfortunately, he has demeaned the post that has seen some eminent jurists sit in the past. Initially, he stonewalled the Judges of the Supreme Court and High Courts declaring their assets, which should have been done without demurring. It was only when a couple of HC judges declared their assets voluntarily, that he grudgingly posted the assets of the SC judges in the SC website. Then he did everything he could to prevent the SC judges from the Right to Information act. The case took a bizarre turn when the Delhi HC gave a judgement that the SC judgements should come under RTI. The case is now in SC, who is a party in the case. It is laughable. Finally, the conduct of Chief Justice Balakrishnan in defending the tainted Karnataka HC Chief Justice Dinakaran is highly condemnable. Dinakaran was included in the panel of judges to be elevated to SC, when some public spirited lawyers raked up the issue of his disproportionate asset in TN as also various questionable judgements given by him. Prima facie, there is a strong case against him. Again CJ Balakrishnan stonewalled and refused to drop him from the panel, and tried to pass the buck to the law ministry, who promptly tossed the ball back in his court. Only, when he was cornered did he reluctantly drop Dinakaran from the list, but has not asked Dinakaran, against whom an impeachment motion is moved in the Parliament, to step down till the inquiry is over. In fact, Balakrishnan has publicaly supported Dinakaran and has gone out of the way to include two pro Dinakaran judges in the inquiry commission. The apex court has never been demeaned as it has been now.
The Second issue involves the land scam involving the Army. Army Chief General Deepak Kapoor's aide, Lt. General Prakash was accused of impropriety and wrong doing. One needs to understand that Army has been one institution that still has the confidence of the common man. The whole nation was looking at what the Army chief will do. He recommended only an Administrative action against his aide rather than the court martial, Lt.Gen Prakash deserved. The staff down the line was aghast. Fortunately, the Defence Minister A K Antony stepped in, showed his displeasure, read the riot act to the Army Chief and asked him to go for the Court Martial. But the damage done to the image of the Army cannot be repaired. And General Deepak Kapoor has let the country down by not setting a sterling example

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