sanjoy hazarika <[EMAIL PROTECTED]> wrote:

Date: Thu, 5 Dec 2002 17:33:39 +0000 (GMT)
From: sanjoy hazarika <[EMAIL PROTECTED]>
Subject: Re: ur discussion, from sanjoy hazarika
To: jayanta payeng <[EMAIL PROTECTED]>

i have seen the correspondence on the judges.

a few points: let's be logical in discussions, not
hysterical like some Sentinel editorials (I remember
one which even said that a few thousand armed
intruders could sweep into Assam from Bangladesh
without anyone being able to anything about it --
well, whoever wrote that piece doesn't know that when
such a situation is apprehended and develops, the
charge of the border goes to the army and not the bsf.
and the army is capable to dealing with some armed
intruders, at the least.

two, I think it's a stupid decision to send
incompetent and supposedly corrupt judges out to
anywhere in India, not just Assam.
three, i don't know of any country in the world -- at
least a democracy -- which enables the people of a
state or province to elect/select a judge. we pick
the agp for political office and they make a mess. we
pick the congres, and they make another mess. judges
-- please stay away from that one. leave that to those
empowered to do so under the constitution -- and
remember they sent such judges after repeat after
consulting the sitting chief justice of that high
court!!

we have a constitution which, flawed as it may be, is
one of the finest documents in the history of the
world and has come to the rescue of people time and
again -- and thrown up outstanding people to fight for
public rights: H.R. Khanna (remember habeas corpus in
the emergency or perhaps some of you are too young to
remember this; we resisted the emergency and so did
some courts); Seshan and Lyngdoh, Niloy Dutta, the
National Human Rights Commission! (JUstice Verma) and
others to name a few. they've forced the government to
change its views, position, acknowledge its mistakes
and forced changes in earthquake relief, child labour
etc. we could go on.

but, always, i have felt that we of the ne think too
often with our hearts and not our heads. the former
is important and a combination of heart and head is
the best. but let's not substitute the former for the
latter; it is physically unhealthy to say the least.

sanjoy hazarika



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Have a nice day !

Jayanta Payeng



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