|
Rajen
Nine out of ten for your dissection of DNB's essay. Like you I also felt
somewhat confused at the first reading of the article; then postponed hastily
writing something, while awaiting further comments from netters.
*****"... The Judiciary is clearly to blame for no major politician ever
being convicted or punished for his crime since Independence....".
You're right to conclude that bribery and other corrupt practices just
didn't originate during Mughal rule or the British Raj. Prostitution has been a
vice since the dawn of civilization. B A Salatore in his book on Ancient Indian
Polity lamented the fact that adulterated milk was sold in India in those
glorious days of plenty.
*****"And if even a hundred people write to say that they are disappointed
with the Judiciary for having failed to convict such a criminal, can the
magistrate or the judge concerned fail to act? Can he ignore the force of public
grievancess that the hundred letters represent..."
You've have accepted DNB's observation. But I think there is a tactical
confusion. As I understand the judiciary in India on the whole functions
fairly and effectively. The lower judiciary may be corrupt to a certain
extent. A magistrate has to try cases according to law
and procedure. DNB says that not a single corrupt minister
was ever brought to justice. This is not a fact. Both Indira Gandhi and P V
Narasimha Rao had to face criminal proceedings although at the end they weren't
found guilty. George Fernandes, a former BJP Defence Minister, was found
not guilty (notwithstanding adverse comments) but he faces another
prosecution. There are other cases but I would have to spend some time
trying to recall them. A few days ago a very famous solicitor died in this
country who built up a reputation for defending famous criminals. Well-to-do
people can employ the best of lawyers and they can thus save themselves. A judge
cannot pass a sentence on public demand and on the basis of huge public
demonstrations. Presssurizing a judge would be an offence and it would
weaken the prosecution case.
Submitting a petition, say for rebuilding an ancient monument or
opening a children's park, with as many signatures as possible, to someone
in authority is the usual thing to do in UK but that is not how
justice in courts is dispensed. The FBI in America failed to bring Al Capone,
the Mafia, to justice; he was arrested for Income-tax evasion. In case of Assam,
early this year one alleged oil mafia was put into custody and as far as I know
he is still in jail although, according to law (as reported in the press), he
should have been released on bail. There are loopholes in our legal system and
it is a broader issue, not something we should discuss here.
It would, however, be right if the petition is handed over to a District
Collector or Commissioner or even a Minister. It is really the same thing when
an MLA proposes some work in his or her constituency. Is he not representing the
voices of several lakhs of people?
"...But what can the law-abiding citizens do?......"
I agree both with DNB and you that there is apathy on the part of
the people which has led to this state of anarchy in our
society. Poverty of the masses, and their greed are factors for
choosing the wrong people as our legislators. Public awareness has to
grow.
Regards
Bhuban |
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