Do you have faith in the systems you run? The faith is twofold; one is the capability to run it efficiently and second is, if you land on the wrong side of it, will it give you a fair deal? I think it is an abysmal failure on both counts. While most of our systems fall under this category, the hue and cry over the Justice Yashwant Varma Cash Scandal forces us to have a deeper look at the Indian judicial administration, from a very objective and detachment professional viewpoint, or else you also become a part of the problem. It is a watershed moment in the history of judiciary and democracy of this country, and the changed roadmap it creates and traverses would make a difference between a robust and a decadent democracy.
The irony of the matter is that the ones who are crying on behalf of the suspect Judge, are fully aware of the fact that this country has not seen even one successful impeachment, so far. What more of legal and constitutional immunity is one looking for. Immunity by way of preliminary inquiry may be fine, at best, and permission for criminal investigation to be granted by the CJI is sufficient for a check. We have been getting a feeling that the police are not competent to investigate HC and SC judges, when a criminal offence is prima facie made out.
The inhouse inquiry committee is mandated to conduct a criminal investigation. Does the judiciary have the expertise and the wherewithal to conduct such an inquiry and is it mandated to do so, in the wider constitutional scheme of things. Does the judiciary which stands in judgement of every single criminal case in this country, finds police investigation avoidable when it comes to their own ilk. It also means that any suspect judge has no confidence in the judiciary of this country. The statement of Justice Varma gives that feeling.The case, if and when investigated by the police, would be tried in a court of law and nowhere else. In reality the judiciary having roughshod immunity all these years, is one of the reasons for the present mess they are in.
People have to be put through a completely transparent and documented process, but the process is made to be different or de facto so, for a judge. If the offence were to be registered as it came to light, and gone through all the processes, as it happens in every case, and any discrepancy not tolerated by the courts, the fate of this case would have been totally different. This case has also brought conspicuously to light, that the judiciary can get away with whichever way it intends to handle a case, inclusive of being a black box, creating smokescreens and having nothing to do with any timelines. Feudal, archaic and paternalistic approach should give way to be in tune with the completely changed world. The courts with powers to take suo motu cases are running away when it comes to its own.
EQUALITY BEFORE LAW EVEN WITH SAFEGUARDS IS NOT A PREFERRED OPERATIONAL MODE OF THE INDIAN JUDICIARY.
Sanjay Sahay
Have a nice evening.