Meaningful Independence: illusion or Reality

Meaningful Independence: illusion or Reality

    Though the Independence Day may have different connotations for different people. For me independence does not only mean the Independence from some foreign ruler or regime, the real and meaningful independence means the Independence from injustice, which inherently includes the Independence from fear, exploitation, corruption, violence, hatred etc. And, the Judiciary is the cornerstone of the meaningful independence. The judicial or legal system of a country is part of its social system and reflects the social, political, economic and cultural characteristics of the society. Therefore, for helping citizens in achieving meaningful independence; the Judiciary itself not only must be independence but also immune from the corruption, favour and nepotism etc. But, my forthcoming personal experiences with judiciary brings the dark side of our judicial system, which is not in consonance with the values of meaningful independence.

Just at the threshold of law profession I experiences that  due to extraneous considerations the Roll No. of a LL.B. Final Year student was withheld on the ground that he was running lecture shortage in the LL.B. 1st Year and 2nd Year, though admittedly he had attended the requisite lectures in the LL.B. final year. And, surprisingly, when the attendance registers of LL.B. course were demanded under the RTI Act; to falsify the stand of the University, the requisite Attendance Registers were lost. And, funny and ironical aspect is that the Punjab & Haryana High Court directed the student to sit in the LL.B. 1st & 2nd Year to complete the lecture shortage, not for studying but for satisfying the ego of professors. The judges apparently, if not influenced or biased by extraneous considerations, at least appeared to be so.

2nd instances,  I filed a Habeas Corpus Petition on behalf of the husband of a newly married girl, a run away couple, while submitting that the girl had been abducted by her parents. HC rather than giving any direction to the Police to save the girl; simply issued notice to the Police and parents and for more than four times adjourned the matter and ultimately without ensuring the safety of the girl dismissed the petition on the ground that the boy 'virtually seeks to register FIR against the parents of girl', whereas there was no such prayer throughout the petition. Ultimately I approached the Supreme Court, but ironically and unfortunately there also a simple notice was issued to Police. And, later on it was unearthed that when the matter was pending before the HC the girl had been murdered by her parents; which is called Honour Killing. Is it not judicial murder?

3rd Instance, a married girl commits suicide under the fear, though false fear, that her pre-marital sex may be detected during her medical examination; as she was suffering from stomach pain. As usual, the deceased girl's parents falsly implicated the entire family; including father in law, brother-in-law(dewar), mohter-in-law, in the dowry death case. Despite proving on record that the father-in-law was on sensitive job in telecom department, at the time of murder, the bail was denied and later on he died in custody due to heart attack. Is it not judicial murder?

4th Instance, a social activist gives information to the Magistrate about the electoral offence of impersonation, forgery of documents etc. against a Cabinet Minister and request for registration of FIR. The Magistrate without asking the police to investigate the offence ask the informant to bring evidence in court. The informant clearly got recorded his statement in the court that, "He neither has investigation skills not resources to pursue the matter" and therefore prays to dismiss the case. I filed petition before the High Court pleading that the documentary evidence clearly made out prima-facie offence against the minister and a layman is not supposed to work as an investigator and bring evidence before the Court. However, ironically, the HC asked me to drop the name of a particular officer from the accused list; as a pre-condition for issuing notice. And, only my decline to delete the name of an officer as an accused the HC dismissed the petition. 

And, the experiential instances goes on and further disclosure may land-up me in the contempt of court, therefore I've to restrain myself from further disclosure of the other dark side of justice.

On the occasion of Independence Day the President of India said, "We hope to advance in every field to a place where every Indian can reach a place where they can realise their dreams and contribute towards the development of the country," Emphasised on Ap deepo bhava(Be your own light) — and urged everyone to do their bit in taking the nation to greater heights. And, the single Right to Information Law is sufficient to serve this purpose, but the same is being systematically diluted by judiciary, by series of judgments; negating its own principles. A person has to approach the HC seeking the basic information like; whether a private schools is affiliated or not? whether is complies with the statutes and the HC dismisses the petition with the cost of Rs. 20,000/-

A Builder represented by a lawyer; the son of serving and retired judges, comes to HC and admits that he has encroached the 195 Sq.Yds and is ready to give alternative land to the Govt; in lieu of encroached land and therefore seeks stay on the demarcation proceedings by Govt. and the HC grants ex-parte stay to the Builder. And, when the residents files Application for vacation of stay on the ground that the actual encroached land is more than 5000 Sq.Yds, which will ruin the lives of citizens by floods, the petition is dismissed with the cost of Rs. 50,000/- to be recovered from the Advocate, who declined to withdraw the Application for Vacation of Stay on asking of Court.

It is said that the 'Judge's personal life always affects his decisions' But, ironically, today, the judges presiding the courts are the AC class product, who are very far from the sufferings of the common man. Justice Katju says that several judges of HC & SC are corrupt and I say even the good judges are victims of ego. The problem is further multiplied when the same AC product judges appoint their close family members as judges. No voice is raised against the open scandals in open courts. everybody appears to be in the race of becoming respectful and humble Advocate. And, any voice against the corruption is stifled by the imposition of cost or by threat of Contempt of Court. The the vicious circle of scan is perpetuated each day. A lawyers like me always wonders, how to survive in the scandalous trade of justice?

Is this the independence which we are celebrating? Such celebration is an illusion and escapism. Lets strive to bring the meaningful independence for the people who are the victims of injustice; at the hands of the custodians of independence.