who have been unjustly victimized by the capitalist managements or the cases of rural poor who have become the targets of atrocities of the rich , land-lord , feudal classes do not come on to the bench for hearing for ages , leave alone punishing the culprits . The abnormal delay in trails and rendering justice or the unaffordable financial burden of entering into courts is not inducing any faith and confidence in the common people ( the majority of our population ) in our judicial system . By their experience they learnt that justice in our country is an affair of convenience and an undisclosed privilege of the rich and the mighty , and that there is no equitable justice as has been proclaimed by the Constitution .
In this context much is talked about the so-called independency of the judicial system and it is sought to be impressed that the Constitution has granted such an inviolable independency to it . But nowhere we find in the Constitution whether implicitly or expressly a mention about independency of judiciary and judicial system . The Article No . 50 , simply prescribes that “ the state shall take steps to separate the judiciary from the executive in the public service of state ”. But during the course of 73 years of independent India , the judiciary has established its so called independency and supremacy through its own judgments making them as precedents and despite all talk of a pious , sincere , honest and good intention of rendering impartial and fair justice without any fear of threats or favor they are here to serve , in the main , those in power and mighty . But this does not make the judiciary above the people and their aspirations and cannot grant “ sky- high powers ” to the judiciary
Oct-Nov - 2020 and immunity from any constructive criticism and accountability of the judiciary .
Even the justices and judges are a part and parcel of the society and people , who are not insulated from the natural human instincts , emotions , prejudices and ideas of their social environments and conditions . So there is no guarantee that they are not tempted to corruption of diverse means , bias and political opinions , understanding and loyalties of their own . Their activities too need scrutiny and be controlled particularly in the instances of such accusations made against them as has been done in the present case . Judiciary also must be treated on par with any other common man , if we want to establish a real democracy and democratic rule in our Country . There is no justification whatever to exempt the judiciary from its accountability of its judicial impropriety and corruption .
The random comments of judiciary against other organs of the state , sometimes even ridiculing them without taking any responsibility on its own is in no way any substitute for conscientious justice or any solace to people that are very far away from the reach of impartial justice .
Serious accusations made by a Chief Minister of AP raise the question of the professional and personal integrity of the concerned Supreme Court Judge . Neither flat denials nor assertions can protect and rescue judiciary from its judicial impropriety and corruption if it is a fact and a reality . An impartial enquiry and probe into the accusations alone can reveal the facts and can earn credibility , faith and confidence of people in our judicial system . To avoid such an enquiry under whatever pretext will un-questionably lead to unwarranted consequences that further widen the rift between the executive and judiciary to the detriment of the larger interests of the people . This shall not be viewed in the narrowest terms and sense of tussle between YSRCP and TDP in their tug of war for political supremacy and governmental power . Let us hope that wisdom prevails ! ❖
Release Com . Nirakar Nayak immediately
A year has passed since commrade Nirakar Nayak , the leader of CPI ( ML ) & Convenor of AIKMKS Ganjam District , was arrested ( Nov 2 , 2019 ). It is for the third time he is arrested on false charges and suffering in Judicial custody . He has already spent more than 1500 days in Jail in three terms for the only crime he stands firmly for the cause of the downtrodden masses of the society and voices against the exploitative system .
At this time of covid-19 pandemic when all are suffering , more particularly the toiling people and are in a grip of uncertainty , it is a most trouble some time for the family of Com . Nirakar having denied mulakat ( physical visiting ) and emotionality they are deprived like anything .
Let us demand for his immediate release . Subodh Mitra
All India Convenor AIKMKS
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