‘Insult To Dalit Judge’: Justice Karnan Rejects Supreme Court’s Order For Medical Test: NDTV - By: Abhishek Sudhir

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What the row over Justice Karnan tells us about the judiciary’s resistance to accountability.



By: Abhishek Sudhir*



An Observation and Highlights:



A. Why has a judge who had repeatedly created controversy not been impeached?



B. Who is behind to “denigrate” Indian Judiciary and why under the garb of “Contempt for democracy”? Balbir Singh Sooch said.



C. “Is it not strategy, ploy-trick, tactics, scheme (a tactic or maneuver, especially one calculated to deceive or frustrate an opponent) to further weaken the Indian Judiciary?



D. Who is behind to “denigrate-malign, defame, degrade (to attack somebody's character or reputation, to disparage or criticize somebody or something, or make something seem unimportant)” Indian Judiciary and why?



E. What does author of this note suggests to establish and empower ‘National Judicial Appointments Commission to replace the collegium system’ when he says, “….but unless the Supreme Court stops showing contempt for democracy by preventing the other organs a democratic country from acting as checks and balances, another problem child will soon be on the way?” Balbir Singh Sooch Observed closely.

“Contempt for democracy”



1. A desperate-hopeless, frantic Supreme Court has now resorted to doing what it does when anyone dares to “denigrate-malign, defame, degrade (to attack somebody's character or reputation, to disparage or criticize somebody or something, or make something seem unimportant)” it – it has initiated contempt proceedings against Justice Karnan. Instead of working with the executive and legislature to ensure greater transparency in the functioning of judges, the Court is ordering medical tests on Justice Karnan to ensure he is of sound mind to stand trial for contempt.



2. Last February, the law minister confirmed to Parliament that the government was going to make a renewed push for a judicial accountability law. The fact that there has been no movement on this front should not come as a surprise.



3. The Supreme Court will almost certainly strike down any law passed by Parliament making them accountable, just as it did in 2015 when it struck down the law seeking the creation of a National Judicial Appointments Commission to replace the collegium system, on grounds that it violated the independence of the judiciary.



4. The Indian judiciary has conflated independence from interference with independence from accountability. It does not subject itself to the will of the people, expressed through their elected representatives in Parliament and government – the very same people whose taxes help pay for their salary, perks and retirement benefits.



5. Instead, they resort to popcorn nationalism by passing orders compelling the populace to stand for the national anthem at multiplexes and spend hundreds of hours of valuable judicial time restructuring the Board of Cricket Control in India.



6. Justice Karnan is due to retire next month, but unless the Supreme Court stops showing contempt for democracy by preventing the other organs a democratic country from acting as checks and balances, another problem child will soon be on the way.



*Abhishek Sudhir author is the founder of Sudhir Law Review, a legal education website.

An Extract courtesy by: scroll. In

By:

BALBIR SINGH SOOCH-SIKH VICHAR MANCH

Posted on May 10, 17 | 10:52 am