Supreme Court shouldn't fail people's trust
Supreme Court is the lone pillar that can uphold the democracy under all circumstances because it can always insist on measures that can rectify to set the country on the track of democracy when legislative or executive goes on a different track.
The court has to caution the government when when it does not work to uphold the democratic values. After Narendra Modi's NDA government came into power, people are forced to place all their hopes on Supreme Court decisions to uphold their interest.
Misuse of Election Commission, interference in CBI and Army, series of fake encounters in Gujarat, reservation etc, there are way too many issues that are awaiting a final sentence by SC to reach conclusion while upholding democracy.
These are the issues that will decide the future of the country. Apart from all those that cases, just as the government's decisions are coming under scanner, the cases that are reaching the doorstep of Supreme Court are increasing rapidly. Now under such circumstances, if there is a situation where the supreme court's credibility becomes questionable, who would save the democracy of the nation?
This question is not being raised by general public, but by persons who held the most responsible position in the Supreme Court, a justice has such concerns now.
Former justice Joseph Kurien has made these observations and this seems to be a case of the fence eating the crop.
In a recent statement to the media, Kurien has said Justice Deepak Misra was influenced by external elements in the recent times and that was detrimental to the Supreme Court since the highest legal institution seemed to have lost track with respect to some very significant cases. One cannot dismiss those words as the rant of a retired person. He had revealed these facts with his colleagues even when he was serving in the court.
This was made evident in a press conference some of the justices held on earlier occasion. This wasn't a personal grouse one held against another colleague. Few of Dipak Misra's colleagues had voiced their concern to the chief justice himself when he held the office. Their main complaint was that Misra was handing over very significant cases to some junior judges without any experience in handling them.
When Misra didn't heed to their words, they were forced to call a press conference. It was for the first time in the history of Supreme Court and the country that such a press conference was held ever.
Politically too, this press meet had created some ripples and Misra seemed to have rectified his stand after that only to some extent, as per Kurien.
Kurien has made another explosive statement now.
His allegation is that Misra was being influenced by external forces.
But he is hesitant to reveal the sources of those ‘forces’. However, guessing what those forces' could be, is anybody's guess.
While people trusted Supreme Court could control the unhindered run of politicians, justice Deepak Misra kneeled before the very legislative.
A weakened judiciary is the reason behind unhindered and unhesitant execution of dictatorial conduct and implementation is unconstitutional measures by Narendra Modi government.
If some of the judges hadn't spoken against this, the future would have been even more scary. If a person who occupies the highest post in judiciary becomes subservient to the ruling dispensation?
And how does one have faith that they'd be served with justice when the Prime Minister works to his convenient and not by the book.
If the other judges had kept silent, future would have been darker than we'd like to assume. At the same time anti constitutional forces are getting bolder with time in India. At a time like this, Kurien's allegations have shows a new reality that doesn't look very bright.
At the same time if Supreme Court also gives anti-constitutional viewpoint through it's judgements, there might be judgements that would even be against the very constitution we believe in.
Manusmriti might take the place of constitution in the coming days using the judiciary route. A sword of fake encounter is hanging on the neck of PM's Man Friday. But for him to be punished, the judiciary needs to retain its independence. If not, people on the guise of policeman may commit murders and Judiciary may be forced to offer their respects to him. Ram Janma Bhoomi and Babri Masjid are the big bones of contention to the country. No one can serve justice to this case except for supreme Court.
At the same time, allegations on the court by a former justice are not very bright. Anybody who cares for democracy needs to come together now to create awareness among people about Misra's leniency towards some particular ideology which is against the spirit of law and constitution. Through this, we also need to uphold the values of democracy.
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MP HC sets up judicial commission to probe water contamination in Indore
Indore (PTI): The Indore bench of Madhya Pradesh High Court on Tuesday set up a commission of inquiry comprising a former HC judge to probe the issue of water contamination in city's Bhagirathpura, saying the matter requires probe by an independent, credible authority and "urgent judicial scrutiny".
It also directed the commission to submit an interim report after four weeks from the date of commencement of proceedings.
A division bench of Justices Vijay Kumar Shukla and Alok Awasthi constituted the commission while hearing several public interest litigations (PILs) filed simultaneously regarding the deaths of several people in Bhagirathpura due to the consumption of contaminated water.
The HC reserved the order after hearing all the parties during the day, and released it late at night.
The state government on Tuesday told the HC that the deaths of 16 people in Indore's Bhagirathpura area was possibly linked to a month-long outbreak of vomiting and diarrhoea caused by contaminated drinking water.
The government presented an audit report of 23 deaths from the current gastroenteritis epidemic in Bhagirathpura before the bench, suggesting that 16 of these fatalities may have been linked to the outbreak of vomiting and diarrhoea caused by contaminated drinking water.
The report, prepared by a committee of five experts from the city's Government Mahatma Gandhi Memorial Medical College, stated that the deaths of four people in Bhagirathpura were unrelated to the outbreak, while no conclusion could be reached regarding the cause of death of three other people in the area.
During the hearing, the high court sought to know from the state government the scientific basis behind its report.
The division bench also expressed surprise at the state government's use of the term "verbal autopsy" in relation to the report, sarcastically stating that it had heard the term for the first time.
The HC expressed concern over the Bhagirathpura case, stating that the situation was "alarming," and noted that cases of people falling ill due to contaminated drinking water have also been reported in Mhow, near Indore.
In its order, the HC said the serious issue concerning contamination of the drinking water supply in Bhagirathpura area allegedly resulted in widespread health hazards to residents, including children and elderly persons.
According to the petitioners and media reports, death toll is about 30 till today, but the report depicts only 16 without any basis or record, it said.
It is averred that sewage mixing, leakage in the pipeline, and failure of civic authorities to maintain potable water standards have led to the outbreak of water-borne diseases. Photographs, medical reports, and complaints submitted to the authorities prima facie indicate a matter requiring urgent judicial scrutiny, the HC said.
"Considering the gravity of the allegation and affecting the right to life under Article 21 of the Constitution of India and the need for an independent fact-finding exercise, the Court is of the opinion that the matter requires investigation by an independent, credible authority," it said.
"Accordingly, we appoint Justice Sushil Kumar Gupta, former judge of the Madhya Pradesh High Court, a one-man commission of inquiry into the issues relating to water contamination in Bhagirathpura, Indore, and its impact on other areas of the city," the HC added.
As per the order, the commission shall inquire into and submit a report on the cause of contamination -- whether the drinking water supplied to Bhagirathpura was contaminated; and the source and nature of contamination (sewage ingress, industrial discharge, pipeline damage etc).
The panel will also probe the number of actual deaths of affected residents on account of contaminated water; find out the nature of disease reported and adequacy of medical response and preventive measures; suggest immediate steps required to ensure safe drinking water as well as long-term infrastructural and monitoring reforms.
It will also identify and fix responsibility upon the officers and officials found prima facie responsible for the Bhagirathpura water contamination incident, and suggest guidelines for compensation to affected residents, particularly vulnerable sections.
The commission shall have powers of a civil court for the purpose of summoning officials and witnesses; calling up records from the government department, hospitals, laboratories and civic bodies; ordering water quality testing through accredited laboratories; conducting spot inspections.
All state authorities involving district administration, Indore Municipal Corporation, public health engineering department and Madhya Pradesh Pollution Control Board shall extend full co-operation and provide records as sought by the commission, it said.
The state government shall provide office space, staff, and logistical support to the commission, it said.
During the hearing in the day, the state government also presented a status report to the court in this matter.
According to reports, a total of 454 patients were admitted to local hospitals during the vomiting and diarrhea outbreak, of whom 441 have been discharged after treatment, and 11 are currently hospitalised.
According to officials, due to a leak in the municipal drinking water pipeline in Bhagirathpura, sewage from a toilet was also mixed in the water.
