THE RIFT BETWEEN THE EXECUTIVE AND JUDICIARY IN A . P- IMMEDIATE NEED OF A CONSIENTIOUS JUDICIAL SYSTEM
The tussle between the ruling political party in governmental state power – the YSRCP – and the opposition ruling party - the TDP – in Andhra Pradesh has reached to a climax . A high drama is being enacted in the state by both these sparring political parties vying with each other for political superiority and governmental power . The feud between them is condensed into a sensational farce of a widening rift between the two important state organs viz the executive and judiciary . This exposes the hollowness of the Constitution in providing a scope for asserting the supremacy of one constitutional organ over the other . The climax to this farce is the letter of the chief Minister of AP to the Chief Justice of India accusing a sitting Judge of the Supreme Court of Judicial impropriety and corruption and state High Court Judges of bias .
The Chief Minister of AP , in his letter to the Chief Justice of India accused the sitting Supreme Court Judge of influencing the allocation of benches at the state High Court ( his parent High court ) to hear politically sensitive cases that led to passing a string of orders staying a number of investigations of corruption against the previous government of the State of AP , headed by Chandrababu Naidu . He showed an example of extraordinary order passed by the Chief Justice of High Court staying all investigations into the F . I . R of involving a land scam , which mentions the close relatives of the sitting Supreme Court Judge and a former Advocate General as beneficiaries and the Chief Justice also issued an unprecedented gag order on the media reporting the contents 4 of the F . I . R . In essence the AP Chief Minister contends that the High Court is being used and manipulated to trample on his democratically elected and constitutionally established govt .
On the other hand , the rival TDP and its forces along with its staunch supporting media portraying this act of writing a letter to the Chief Justice of India accusing a sitting Judge of Supreme Court , that too would be Chief Justice of India and making public the contents of the letter to C . J . I . as a sacrilege against our sacrosanct Constitution and projecting it as an attack against the independency of the judiciary and judicial system granted by our Constitution . They are portraying as if our entire judicial system is in peril and are posturing themselves as the saviors of the unprotected judicial system under attack . Without discussing the grave nature of the accusations and its impact on the rule and governance of the state apparatus , they are harping on the question of moral right of Jagan Mohan Reddy to complain against a sitting Judge of the Supreme Court , conveniently hiding the fact that he had written the letter as the elected head of a state , which is an important organ of the state . They also argue that such letters of accusations against the Judiciary must not be entertained because such an act will weaken people ’ s faith and confidence in our judicial system . The same sitting judge of the Supreme Court against whom the accusations are leveled extorts that the judiciary must earn the faith and confidence of people . At the same time the concerned Judge do not come forward voluntarily proposing for an impartial enquiry , to vindicate the accusations to be false .
It is not a secret that of late almost all the judgments of our courts on crucial matters , particularly the recent judgment of acquitting the accused in the case of the demolition of Babri Masjid and the indictment of Prashant Bhushan in the contempt of Court case have demolished the belief and faith in the impartiality and fairness of courts and judicial institutions . The experience is warning the people not to have uncritical faith or confidence in our judicial system and judiciary . The people are observing how the laws in various cases are applied unequally and how our judicial system is lacking accountability . They are observing how the culprits who are accused of committing heinous crimes , with the support of ruling political party in governmental power are being acquitted scot free and allowed to pose as respected people as though they were falsely implicated in those cases . The people are observing how the people like Dr . Vinayak Sen , Varavara Rao and Satan Swamy the accused in Bhim – Koregaon case , though are disabled , in advanced age and suffering with serious old age ailments are denied bails by the judiciary and courts with unequal and mis – application of the law . None of these instances infuse faith and confidence in our judicial system as an impartial one .
It is also no secret that the cases pertaining to common people particularly to the workers
Class Struggle