Shooting the messenger

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These are times when Truth is the first casualty. But whims cannot guide the destiny of a nation. Curiously, Supreme Court chief justice Surya Kant has taken umbrage at the National Council of Educational Research and Training (NCERT) after it carried a chapter in a school textbook on “the role of judiciary in our society,” and included in it a section on corruption and the huge pendency of cases in courts. Both are not figments of imagination and are issues as clear as sunlight. At present there are over 91,000 cases pending in the Supreme Court.The CJI expressed his deep disgust at such subjects being discussed, warned of action and declared that he would not allow anyone to “defame the judiciary.” Predictably, former law minister Kapil Sibal and senior lawyer Abishek Manu Singhvi were among those cited as having expressed their dismay at such “lessons” being taught to tiny Class VIII students. They, being in the opposition, have their axes to grind against the powers-that-be in the form of the education ministry, under which NCERT functions as an autonomous institution. Autonomy is what gives it the strength to speak out the truth and to call a spade a spade.
Education is a process of imparting knowledge. Those who do this, by virtue of their learning, are an honourable lot. Truth is integral to the process of dissemination of knowledge. It’s a pity that those who pursue truth are browbeaten or are pushed around. This is unbecoming of a civilized society. Whether the CJI knows it or not, this is a time when public anguish over the ills plaguing the judicial system are widespread. The ‘crore for bail’ scam some years ago or the burning of currency bundles at a judge’s home in the national capital, for instance, was perceived as being the tip of the iceberg. These have not disturbed the conscience of those who run the establishment. They are in a pretentious, make-believe world. When the systems rot, the people who are at the receiving end suffer the most, while there are also those who take the cue and indulge, reap the benefits, or cock a snook at others just as the Sibals and Singhvis chose to do now. Ostrich-like, they bury their heads in sand. Corrupt politicians are at the core of the systems’ rot.
As a result, and unfortunately, the judiciary is also tending to lose its good image through a multiplicity of scandals. The pendency of cases in courts across the country is legion. Cases are going on and on for decades without an end. Justice delayed is Justice Denied. Fighting a case involves loads of money, and its dragging through years makes plaintiffs pay through their noses. Many die without the last word being heard. But who cares! The collegium system of appointment of judges has been cited as having its merits and flaws. Restoring strength to the judiciary should be a matter of first priority. Aging systems fail the nation. Reforms are the way forward, but a prerequisite for this is a bold political leadership. Question is, who has the courage to bell the cat; more so when it comes to the functioning of the judiciary.

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