Bangalore, 9th October, 2010 NETIZENS AND CITIZENS,
Well! It has been a long time since I communicated to you some of my thoughts. Too long a gap is not advisable as human beings have the gift of oblivion. On the other hand, frequent communications while is not possible because of my professional preoccupation, it is not desirable also, as things will be taken for granted. That is the reality of life.
In this state of affairs, sharing my thoughts with you all now and then is perhaps the wise middle course. There has been considerable developments in my chosen field – Judiciary: legal profession. As I had indicated to you earlier, there may be a few positive developments, it is definitely not commensurate to ensure corrective action to set right the rot that has set in judiciary. I have been repeating that there cannot be corruption in judiciary; not that it can be in other wings, but definitely not in judiciary as judicial wing/organ of the State is meant to correct the other two organs of governance, namely, the legislature and executive, if they go wrong, if they part company with the laws of the land and the Constitution of our country and if any of their actions is subversive of rule of law.
It is to check them, correct them and put the erring organs back on rails, judiciary is put in place under our Constitution. That precisely is the role envisaged for the judiciary under the scheme of our Constitution, particularly, to the higher judiciary, apart from playing the conventional role of resolving disputes between private persons, for ensuring peace and order prevails in the society; that the weak and gullible are protected and the wealthy and powerful do not run amok. If members of the Judiciary themselves are not alright, not competent, not upright and honest, how can the citizens expect the judicial wing of the State comprising of such incompetent, corrupt persons to correct the other two organs of the State when they go wrong, reign in the other two organs when it runs amok, put them back on rails when they get derailed. Judiciary virtually acts as the crane which is capable of putting back the derailed train, on its track, but judiciary cannot start moving on the track by itself. Therefore, the Judiciary should perform the limited role assigned to it under the Constitution, perform it in a proper, efficient manner and nothing more.
When such is the role envisaged for the judiciary under the Constitution and naturally citizens of the country having high expectations from the judiciary, the judiciary comprising of corrupt and incompetent elements, definitely cannot deliver goods. Therefore, it is very essential, in the first instance, that the judiciary is rid of corrupt and incompetent Judges and is ensured that only competent, upright, honest, efficient Judges remain in the judiciary. Well ! that is the task, that is the object which I would love to see being realized.
I ardently believe in a democratic republican country like ours, this can definitely be achieved by creating awareness amongst the people for such purpose and I also ardently believe that it is part of my duty to create such awareness or, help to create and spread such awareness amongst the people, without in any manner interfering or affecting my duty in the court in accordance with the oath of office that I have subscribed when I entered the office as a Judge of the High Court. It is for realizing this goal I have been venturing to share some of my thoughts with you all. Well! in a democratic republic, you all are the ultimate Judges and it is for you to judge. In a republic people are supreme, sovereign. Though, under our constitution the sovereign powers and functions of the state, are distributed amongst the three organs of the state namely the legislature, executive and the judiciary, ultimately all these three organs draw their sustenance from the people of our country and are therefore answerable to the people. All persons wielding power and authority in any of the organ, are all public servants and are accountable to the people. I firmly believe that even judges are accountable to the people and it is as part of this belief, I am placing before you my thoughts and sharing them with you. Well! I may be characterized and described as a very uncommon Judge, a Judge embarking on unconventional methods, one deviating from accepted or what is taken for granted as the norm and propriety for a Judge or even the etiquette for a Judge or to go further as described by our supreme court, as one violating the code of conduct for Judges, as perceived by the supreme court. Well ! I believe the only code of conduct required to be followed by a Judge is to perform his duties without any fear or favour, without being influenced or pressurized from outside sources and to keep rendering decisions /opinions, in accordance with the laws and the constitution of the country. Well, I for one assure all of you that I shall strive to the best of my ability to fulfil this requirement which is my sacred duty as per the oath that I have subscribed, but, nothing more. I do not believe in the outdated colonial concept of either the role of a Judge as to how a Judge should live or conduct etc.,. Colonial concepts, English legal system as developed in England, has been imposed on us as the British ruled our country for over two centuries. We must realize that we are no more a slave country, no more a colony of British empire, but an independent democratic republic and should make all efforts to function in accordance with the objectives and the goals set under our Constitution as enshrined in the preamble to our Constitution.
I believe the Right to Information Act, a wonderful piece of legislation, a gift to the people by the combined efforts of Judiciary and the Parliament is a piece of benign law made by the Parliament to further such objectives, to ensure transparency in governance and thereby in turn ensure good governance, quality service to the people and to put in efforts to realize and deliver to the people the due they are entitled to as mandated under the Constitution of India. It is therefore, that I do not hesitate to participate in the functions organized by public bodies for the purpose of educating the people, for the purpose of creating awareness amongst the people of our country not only about the existence of the Right to Information Act, but also about the wonderful ways it can be worked. The benefits that one can reap from a proper working of the provisions of the Act and for such purpose I have attended one such function organized by the District Court Bar Association, Thalassery, Kerala State in association with Barrister M K Nambyar Memorial Trust & Diwan Bahdur Adv T C Narayana Kurup Memorial Trust, for the inauguration of which the President and the Members of the District Court Bar Association, Thalassery, had requested me to join them. The same took place on Gandhi Jayanthi Day of this year, i.e., 2nd October, 2010 and I was at Thalassery on that day. For the perusal and for further action at your end, the inaugural speech delivered there [which is rather lengthy after a few additions as I did not have time to correct the draft before the actual inauguration], is enclosed to this letter which you may kindly examine.
May I take leave of you for the present.
My good wishes and greetings to you all for the coming festivities, Dasara, Deepavali, Bakrid, Christmas and also the New Year. Sarve Jana Sukhino Bhavanthu.
By Justice D V Shylendra Kumar Judge, High Court of Karnataka Bangalore |