Monday, July 9, 2007

Nitin Pai's View

Monday, July 2, 2007

Justice delayed is justice denied
Some months back there was a heated debate among the various intellectuals regarding judicial activism. The editorial pages of prominent newspapers served as the battleground for a heated and well articulated debate about how judicial activism is violating the Constitution. The debate has died down. But it will resurface as and when the Supreme Court will pass judgments which will put the political parties in a quandary.The citizens of India are increasingly depending on the judiciary to take actions which are the prerogative of the Legislature. This is not liked by our political clan. Also, they do not like the authoritative tone adopted by the Judiciary while pronouncing judgments. Hence the tension.I believe that both have failed the Indian citizens. That the legislature has failed us requires no explanation. The Judiciary through inordinate delays has inflicted great injustice on the people of India. One example will suffice.Machang Lalung was kept in prison for more than five decades without any trial. It was not until the National Human Rights Commission discovered him that he was freed. Justice denied for five decades.As Aneisha Sharma a film maker who made a film on him said "I think silence is his way of expressing himself....... It's full of anguish which is yet to find an expression"My humble request to the Judiciary and the Legislature. Stop debating and start acting before civil unrest takes over in the country.

No comments: