Mutiny in Supreme Court of India.
12th January 2012 is a historic day when 4 sitting judges of Supreme Court (J. Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph) held a press conference and told the nation that they have differences of opinion with master of rolls i.e. Chief Justice of India Sh. Dipak Misra. Justice Chelameswar, when asked “Should CJI be impeached?” his reply was that let nation decide.
Appointment of Judges
India is the only country in the World where Government has almost no control over appointment of judges. Judges appoint judges. Nepotism is shamelessly rampant. Since these are senior most judges, they have more at stake. They are the appointing authority is a collegium alongwith CJI who appoint judges. All media reports overlook this fact.
Aggrieved judges did not mention about the reasons for approaching the press but have only mentioned vaguely about issues. On enquiry it was replied that it they were concerned about listing of a case relating to death of Justice Loya of Maharashtra High Court.
Ordinarily the disputes among judges should be decided by themselves in Full Court meetings. Why could these judges not raise the issue in Full Court Meeting? What about view of remaining 20 or so judges? Continue reading
What it is to be a Lawyer?
To tell it in one word: ‘CONFLICT’.
A lawyer is always in conflict. Torn between courts, matters, clients and family. Extended work hours does not make it easy. No doubt as the lawyers grow old they become snappy.
Classes of lawyers:
But let’s us first be clear as to who is a lawyer. Under English Law, there are two classes of lawyers i.e. Barrister and Solicitor. Barrister is supposed to be expert in law, an expressionist, an orator and a court artist. Solicitor is a lawyer who is supposed to be expert in Procedure, Handling clients, Properties, accounts, and with fair working knowledge of law. It is a different matter that UK is moving toward unification of two classes. But the above distinction of proficiency in law or procedure always exists. The reason ? Well that is another story. In UK there is a sub class of Barrister called ‘Queen’s Counsel‘. Continue reading
Jurisdiction of ICJ
International Court of Justice (ICJ) derives its jurisdiction from a voluntary declaration by each State that accepts its jurisdiction. Islamic Republic of Pakistan has filed a fresh declaration submitting to the jurisdiction of ICJ on March 29, 2017.
ICJ is the principal judicial organ of the United Nations. It was established by the United Nations Charter, signed in 1945 at San Francisco (United States), and began work in 1946 in the Peace Palace, The Hague (Netherlands).
The Court, which is composed of 15 judges, has a dual role: in accordance with international law, settling legal disputes between States submitted to it by them and giving advisory opinions on legal matters referred to it by duly authorized United Nations organs and specialized agencies.
Only States are eligible to appear before the Court in contentious cases. At present, this basically means the 192 United Nations Member States.
The Court has no jurisdiction to deal with applications from individuals, non-governmental organizations, corporations or any other private entity. It cannot provide them with legal counselling or help them in their dealings with the authorities of any State whatever.
However, a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter; the dispute then becomes one between States.
Background of Kulbhushan Jadhav’s case
Pakistan allegedly arrested, detained, tried, convicted and sentenced to death an Indian National Mr. Kulbhushan Sudhir Jadhav, and he is currently under a death sentence handed out by a Military Court Martial without giving him consular access which is mandatory under Article 36 of Vienna Convention
Making India bleed through thousand cuts:
Zia-ul Haq, the then dictator of Pakistan had formulated the above policy to make India bleed through a thousand cuts after he realised that Pakistan can not win any conventional war with it’s mighty neighbour. Search the above phrase and there will be hundreds of articles highlighting above policy and concluding that the terrorism unleashed through borders is the result of that policy. They are only half correct. Terrorism is official policy of Pakistan to deal with all neighbours.
The creation of ‘Pakistan’ which literally mean “Pure Land” is itself is a hate speech to the rest of world which is automatically termed impure. But the task of Islam/Pakistan is not complete.The Pakistan looks for “Takmeel-e-Pakistan” which means perfection. It will happen when all the Muslim in the world comes together. Can you guess what this “togetherness” will do? No marks for guessing. It is a hush talk of what ISIS dare to speak without mincing words.
The creation of Pakistan saw murder of million and exodus of Millions of Hindu/Sikh/minorities other than Muslims from West Punjab (and East Bengal) which was declared Pakistan. A state born with violence and whose first policy decision was to attack its minorities and second was to attack Kashmir, can not be expected shun violence. Therefore the crucial question is: “What are the above said thousand cuts?
Corruption and Bureaucracy:
Bureaucracy defines the march of any Nation. Govt can make policies and Bureaucracy can defeat it with impunity. To get the result the Government has to be extra cautious to rein in Bureaucracy often with carrot and stick policy.
Govt of India has already offered carrot to Bureaucracy by way of pay hike as recommended by pay commission. Time has come to crack the whip. Interestingly the most corrupt department of Govt is Income Tax department but unfortunately, Prime Minister Modi has a blind side which is Income Tax. As regard Finance Minister, his quality as a lawyer can not be disputed but he is not an administrator and certainly not an economist. As regards his administration, post demonetization chaos, is a proof of absence of administrative capabilities. His poor health certainly does not help.
Martial law by Bureaucracy: