While addressing an international audience in San Francisco, retired Chief Justice NV Ramana had declared quite audaciously, Bharatiya Supreme Court have always been accountable to the Constitution alone. Audience back in the country could not figure out whether the so-called Constitutional accountability has been the real life aberration or series of outlandish judgements, orders, bails, adjournments etc. thrust upon the nation by this ‘Uncle & Aunty’ Judiciary.
We are only nation in the world where Justices appoint themselves. When Modi Government successfully enacted National Judicial Appointments Commission in 2014-15, it was challenged by a senile jurist and a handful of black-robed ‘Supreme Lords’ struck it down with not even an iota of embarrassment albeit with just one dissenter in Justice Chelameshvara. Was that Constitutional accountability ? Is Collagium a Constitutional entity that generates ‘Uncle’ and ‘Aunty’ Justices ? While speaking loudly on ‘checks and balances’ in the Constitution, why do they turn ‘meditative’ when questioned about ‘checks and balances’ on Judiciary itself ? Is not Collagium a judicial version of tyrannical Muslim Brotherhood ? Is Collagium not supposed to be transparent if not institutionalised after due diligence involving Executive and Legislature that NJAC attempted ? Why didn’t even such a blunt statement of retired Justice Ruma Pal, “A chance remark, a rumour or even third-hand information may be sufficient to damn a judges prospects. Consensus is resolved through a trade-off resulting in dubious appointments with disastrous consequences…” shame them running for cover ? Inbreeding of any variety with Judicial self-procreation included, causes debilitating mutational aberrations demanding drastic executive intervention to stem the rot.
English philosopher and jurist Jeremy Bentham had adroitly remarked, “In the darkness of secrecy, sinister interest, and evil in every shape, have full swing.” In spite of a yawning ‘transparency deficit’ in Collagium mal-functioning while swearing by ‘non-negotiability’ of transparency, they have the audacity and gumption to complain of ‘media trial’ like corrupt petty politicians being chased by Enforcement Directorate !! Is that Constitutional accountability to grimace when people tell them bluntly, “Be you ever so high, Constitution is far above your sinister, mal-functioning Collagium.” ?? Is it Constitutional accountability to assert for unbridled judicial autonomy in the name of judicial independence sans transparency ?? As a matter of fact, due to the mechanism of opaque self-procreation, ‘Lords Of Laws’ are not accountable to the Constitution at all. Jurisprudence is certainly a too serious business to be left entirely in hands of judiciary.
Was it not their Constitutional accountability to strike down Articles 370 and 35A within years if not months after their being inserted into the Constitution deviously ? Will Supreme Court accept responsibility and accountability of unparalleled brutalities that were perpetrated upon Hindu-s under aegis of these two sinister Articles ? Is it Constitutional accountability to admit petitions challenging abrogation of those Articles and keep them in abeyance ? And even security related schemes like Agniveer ?
Why should there be a Judge at all in any court who does not accept the fact that this nation is essentially a Hindu nation and entire governance must conform to the Hindu ethos alone ? Is it Constitutional accountability to allow intruding cults and sects to deport themselves as marauders of the nation ? Decades after decades, centuries after centuries ? How long these Culture-perverts be allowed to run judiciary of the nation ? Is it Constitutional accountability to allow expansion of Abrahamic cults at the expense of Sanatana Dharma, only Dharma comprising of fundamental human values in the nation of its own origin ? Do black-robed ‘Lords Of Laws’ have nerves to strike down ‘secularism’ from Preamble of the Constitution fraudulently introduced and so much misused against majority community ?
Are they accountable to the British era colonialism rubbed into the Constitution derived from the India Independence Act 1935, now on the verge of collapsing, now in tatters, amended more than hundred times ? Is it their Constitutional accountability to be influenced in their judgements by the wine-swigging elites of Lutyens Zone in Delhi ?
Why do Justices lament aggrieved whenever Government tells them ‘you are not law-makers’ and ‘stay off’ while merrily intruding into the executive domain so brazenly ? Is it Constitutional accountability to adjudicate over Rafale issue petitioned by a lunatic politician ? There are scores of such petitions which should have been trashed outright with imposition of heavy fines but black-robed ‘Lords Of Laws’ enjoyed chattering over them irrespective of nationwide indignation and image of the country being sullied worldwide.
Why did Judiciary turn rabidly communal while passing comments of Nupur Sharma ? And they merrily turn ‘secular’ whenever it is congenial to them ! Are they so intellectually bankrupt or their conscience compromised so much so that they are incapable of identifying ‘perpetrators’ and ‘victims’ of Abrahamic crimes separately ? Why are their sermons on tolerance reserved for the most tolerant community in the world ? Is it Constitutional accountability of the Judiciary to decide height of Dahi-Handi but turn silent on stinking pollution caused on Bakrid every year, on the plight of Kashmiri Hindus forced out from their hearths and homes, dangerous infiltration of Rohingyas and Bangladeshis wasting time for a pig abducted in Bengal, definitions of ludo, rummy and all that crap ? Or may be, unless their families suffer at hands of extremists/terrorists, their mental eyes shall ever remain tightly shut.
Is that Constitutional accountability to open Court premises at mid-night to listen to rantings of a few determined anti-nationals to dodge gallows for a hardened terrorist while thousands of undertrials have been rotting in jails all over the country for years ? Did they receive instructions from the Buckingham Palace ? Their Constitutional accountability is an enigmatic riddle wherein they open court at mid-night for a terrorist albeit refuse to work from 8 am to 8 pm x 365 days in view of crores of pending cases like Prime Minister Modi who has not taken even a single day leave at all. Or is that really another form of Constitutional accountability ?
Most ridiculous allegation surfaced when Judiciary blamed media of conducting ‘Kangaroo courts’ and warned of losing patience when they are themselves indulging in such a ‘sportsmanship’. May I remind ‘Lords Of Laws’ in their own words, respect is earned by virtue of ones deeds and never through judicial pronouncements. Patience they must lose, earlier the better. If they condescend to behave like Kangaroos themselves, there shall be Kangaroo-courts all around to hold trial in public of all those black-robed outlaws and they will have no moral right to whine and snarl.
Why do Justices recuse themselves so often ? What are they so scared of ? Why did one recuse herself when petition on Hindu slaughter in Bengal came up for consideration in Supreme Court ? Are they paid for recusing themselves ? Is it Constitutional accountability to recuse from entertaining petitions on brutalisation of Hindus in Bengal like cowards while issuing notices suo moto over Lakhim Kheri violence ?
Was that Constitutional accountability to decline petitions relating to brutalisation of Kashmiri-Hindus but immediately agreeing to hear ‘miseries’ of Rohingya and Bangladeshi infiltrators ? Why such a selective approach ? Is that enshrined in some mysterious Article of the Constitution ? Why urgent hearings for Urban-Naxals and terrorists while lakhs of undertrials have been rotting in jails ?
Is it their Constitutional accountability to pass sweeping orders and judgements in matters of economic prosperity ignoring expert advice ? Will they compensate the nation for destroying telecom industry with their orders in 2G spectrum cases ? Do they have guts to strike down regressive words like ‘socialism’ from Preamble of the Constitution ?
What sort of Constitutional accountability is in enjoying summer vacations like ‘Laat-sahebs’ when entire judiciary functions from air-conditioned premises ?
What sort of Constitutional accountability is behind allowing bunch of rogue lawyers bombarding judiciary with frivolous PILs ? Are they in cahoots with those lawyers ?
Was Constitutional accountability observed when Justice HR Khanna was superceded, resigned humiliated and all ‘Brother Judges’ appointed from ‘Uncle, Aunty Quota’ didn’t resign in protest ? Where was the Constitutional accountability when Justice JML Sinha of Allahabad High Court was threatened of dire consequences by ruffians of Indira Gandhi ?
Where was the Constitutional accountability when Supreme ‘Lords of Laws’ declined appeal of bankers to impound passport of Vijaya Mallya, allowed him to abscond then questioned CBI as to how he could escape ??
Why did Justice Chelameshvara meet Communist don Daniel Raja ? Probably to explain Constitutional accountability !!
What sort of Constitutional accountability is behind exemption of Judiciary from RTI Act, refusal to disclose assets of judges and then declaring Bharatiya democracy as immature ?? Are Judiciary matured enough to asses how matured is ancient Bharatiya democracy with Bharata being motherland of democracy ?
Is it pragmatic to talk about Constitutional accountability with provisions of contempt of courts under their gavel ?
Which Constitutional accountability was observed by holding a presser against CJ Deepak Mishra airing grievances pertaining to case allocations ? Are they MNREGA workers cribbing over ‘fair working conditions’ ?
Only Constitutional accountability pursued religiously and diligently by Supreme Lords has been towards Article 146(2) for enhancement of their perks, nothing but freebies amounting to brazen loot of taxpayers money from the Consolidated Fund Of Bharata.
Bharatiya judiciary is a Soliloquium-syndicate determinedly out to destroy the nation standing behind internal and external forces inimical to the nation. As Justice NV Ramana said at San Francisco, “…we still haven’t learned to appreciate wholly the roles and responsibilities assigned by the Constitution to each of the institutions…”, he was entirely on dot as mark of self-confession !! Even Judiciary do not understand their Constitutional responsibilities, leave alone the mammoth task of accountability. As the Constitution does not have an Alexa like answering system for questions that Judiciary might wish to ask conscientiously, they are well advised to stand before a life-sized mirror and talk to themselves in utter solitude in a bid to pull out of the marshy morass they are sunk in. They have forfeited mesmeric aura of public trust in the mirage of judicial sanctity.
At the climax of civil war in May 1861, President Abraham Lincoln ordered arrest of US Supreme Court Chief Justice Roger B. Taney due to his intrasingent conduct and absence of co-operation while his Secy. Of State William Seward suspended the right to file habeas corpus.
Chief Justice Ramana too, spoke about it then probably as a rare spark of wisdom prodding Central Government to follow that ! If our judiciary continue deporting themselves like that, President must go the harshest way.
Now that the nation is gifted with a strong-willed Government, an unequivocal mandate with iron-hand in velvet gloves, brazen usurpation of legislative power by the judiciary must be reversed and original Constitutional positions be restored. Nation now urgently requires a Constitution entirely based on Bharatiya ethos, heritage and cultural assets to reclaim the glory snatched away from us.