Daily Post 1410


The legislature sessions cost a huge sum to the state exchequer and the main purpose is the enactment of laws. There are numerous occasions when the other businesses of the session are transacted upon and there is not much time left for the discussion on the bills tabled and is passed in haste. Sometimes it is kept in the legislative loop for long periods of time. What damage this pendency does to the concerned sector is unimaginable. The presumption is that these are well thought issues, urgently required and already legally vetted . The environment that develops is not conducive to thinking of law as a dynamic tool for the orderly functioning of society, economy and polity. The legal regime has to be in tune with the times and deliver. For the legislative time and attention wasted, the nation has to pay heavily.

In the very same manner judicial time is extremely precious, more so of the High Courts and the Supreme Court of India. The pendency and the vacancies adds to the woes. Justice delayed is justice denied. Same as in the case of the legislative time, in the very same manner, the waste of time of the higher judiciary, is a waste of a national asset . Waste of judicial time pertains to the cases related to the legislature and the executive, which should not have arisen in the first place. The constitution has provided that level of clarity and its practitioners have all the capability and the acumen to sort it out amongst themselves based on the laws, procedures and established conventions. If that in not adhered to, which is the norm, then there is something more than what meets the eye.

Given the COVID-19 situational limitations, we should value the judicial time even more. We talk about professionalism from our rooftops and we are not even aware of the basic principle of jurisdiction in the registration of a criminal case. Issues pertaining to a criminal case as and when it emanates are investigated with the original case. That two police organisations / leadership can talk only through the media is a serious slap on the operational viability of police in this country and the whole country being one investigative domain. Even stranger is that an officer who was supposed to supervise the investigation of second case was forced into quarantine. That issues cannot be sorted out between two democratically elected governments does not bode well.

Jumping off the executive rails, the aggrieved parties land in the Supreme Court. The precious judicial time which could have have been better used for long pending cases and deciding cases having a far reaching impact. The case in question lands in the Supreme Court because of a nasty wrangling which is very evident. Can this allowed to happen? In a case from a different state valuable judicial time was wasted because of a dissenting DyCM staking his claim to the CM’s gaddi, with the flocks of MLAs being herded from one hotel to another resort, during the pandemic. This is the pathetic state of affairs of the custodians of legislature. The issues of avarice and insatiable urge for power has been transformed into a constitutional crisis and left at the Supreme Court’s door. We have also witnessed a midnight hearing in a similar case last year.


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