Saturday, July 16, 2011

Unreasonable Plea of GoI on SIT

On black money issue Supreme Court (SC) formed a Special Investigating Team (SIT) to monitor the progress of investigation. The SIT formed by Government of India (GoI) was made of officials. The role of officials who act as puppet to ruling party and GoI can do anything fruitful on this daunting task? Sagging image of Babus and not implementing court orders in letter and spirit compelled judge to think some ways to give results. This is necessary to save the public faith in the system.
Actually court orders are passed by judges and it is complied by babus in the directions of political bosses. If order is affecting the interest of babus and leaders, its implementation will be only a show-off just to avoid court of contempt. Therefore, actual justice as desired by the judgment is denied. As a result, on one hand this weakens the very purpose of judiciary and on the other hand aggrieved is forced to eat half-baked chicken. Additionally Government machinery looses public faith by overlooking actual implementation.
To protect the interest of all stakeholders- judiciary, aggrieved, babus and political actors- Judges are monitoring the progress of implementation. This gave good result and babus got free hand to work as per rule. This reduces the undue pressure on bureaucracy. And in turn public hailed the judicial actions. Seeing the time consuming process for Black money issue, they modified the SIT and inserted two tough and honest judges along with others. This annoyed and irritated GoI. There are solid reasons for doing this. Without retired judge SIT has no faith of public under present circumstances. Overburdened judges don’t have time to spare for this issue over a period of time. This complex issue needs combined effect of all wings. So, without judges in SIT, whole exercise would be not that useful. As rightly said justice should not be only done but it should also be felt.
With a plea that judiciary is taking over executive functions, GoI has moved a review petition in SC. This step of GoI is not in its favor. Government has to think why this situation arose. Is government not responsible for this? Answer is yes. If answer is yes then the role of Judiciary automatically comes in picture to see where government lacks to check growing black money by not following the rules and regulations enacted for this. Compliance of judicial order is the first and foremost duty of the court. If government is not implementing the judicial order and making it a point of joke, then it is the pious duty of the court to evolve some mechanism like SIT. Otherwise judicial faith will loose its ground form public mind.
Well known that Hasan ali would have not arrested if SC was not monitoring the case. Baba Ram Deo popularizes the issue and what treatment he got. This is good enough to prove the Government thoughts and intention on black money. Here public sees intention of SC and Govt. There is no suspicion about SC but it is not good for GoI. This is a self suicidal step for the Government. If Government is doing well, what is to worry, anyone can monitor. This action has strengthened the public opinion that GoI is trying not to do anything on black money issue. GoI is trying to foil the efforts of all other wings. If judiciary will stick to its present SIT and will not allow any amendment. Its image will improve further. Through this GoI is trying to make SIT controversial to win over the situation. But under present situation this tactics in not going to succeed.
Personally, I am of the opinion that if judiciary is passing any judgment and its compliance is done as per the intent of the judgment, Then what option is left with judiciary. Moreover, it is the duty of the court to get its order complied as intended. SIT is just a mechanism developed- seeing the intention of GoI-to implement the order passed about the Black money. Where the judiciary is doing the role of executive? Getting implemented the order through a mechanism with the help of retired judges is not intrusion in the executive domain. Instead Judiciary is helping the government by giving him a good tool in the form of SIT. A combined effort in needed for this complicated issue. Inspite thanking the Judges, They are being blamed by GoI on jurisdiction. Hurt to see this ugly situation on the part of GoI. Hope good sense will prevail and GoI will not insist it further.

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