Sunday 13 March 2011

A beacon of light amidst the pall of gloom



Do you know this gentleman? If not, you should.

He is a beacon of shining light amidst the gloom of darkness pervading and paralyzing our Country.

He had brought back dignity, integrity and sanity to the most  hallowed institution in India.

He is like a breath of fresh air, after the stinch generated by the previous Chief (In)Justice, Balakrishnan, who was corrupt, crafty and universally acclaimed to be the most undesirable and crooked rogue to have held the esteemed post of CJI.

The gentleman in the picture above is Chief Justice of India, S H Kapadia.

Hailing from a very lower middle class family, he started his carreer as an errand and tea boy in a law firm, and worked his way up the judicial ladder through sheer hard work. When he assumed office he wrote a letter to the nanogenarian doyen of Supreme Court Judges, Retired Justice V R Krishna Iyer, "I come from a poor family. I started my career as a class IV employee and the only asset I possess is integrity".

His landmark judgement on the CVC case is laudable. He strictly confined himself to the legal situation, and refrained from making any adverse remarks on the Executive. Judiciary's job is to ensure that governance is done as per the law and constitution of the Country. If there is a deviation, then they shoud reverse the situation and leave it at that. While judicial activism makes good news, it encroaches the powers of the executive, which is undesirable.

Thus it was music to the ears when I read the following (the highlightings are mine),

Chief Justice of India S H Kapadia today said judges must “not give lectures to society” while doing their job and should also not “judge the wisdom of legislatures”.

“The High Courts and Supreme Court are courts of principles... Judges should not speak anything beyond the principles of a particular case. Let us not give lectures to society,” CJI Kapadia said.

The problem is sometimes we judges impose our own values, likes or dislikes on society,” he said. “Judges should keep in mind that we can’t judge the wisdom of legislatures. We have to work for constitutional principles. I am of the view that if judges take decisions on principles, many of the controversies will not arise.”

Touche!

We can rest assured that the Supreme Court is in good hands till September 2012, when he retires.

Thank god for small mercies.

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