Patriotism,
courage, integrity and empathy must never be monopoly of soldiers alone in a
healthy and vibrant society. A society derives its strength from ability of its
citizens to wield these attributes optimally in all circumstances. In
democracies, members of judiciary must embody these qualities much more than
others. If they falter or appear deficient, both our democracy and sovereignty
run the risk of being clandestinely hijacked even without a war. A dynamic, fair
and just judiciary not only delivers justice to individuals but also conditions
psyche of an entire society by instilling and reinforcing right values among
its people. It is dominant values in a society that shapes the evolutionary
course of an entire civilisation in every era.
When a mentally unstable and deranged individual resorted to abusive language, hurling the most offensive personal expletives against the Chief Justice of India, during live proceedings in the highest court of law in the country, it was more than a personal misconduct. It exposed the vulgar underbelly of eroding public trust in our key institutions and vanishing norms of decency in public spaces. Alternatively, one can also argue that dysfunctional, apathetic and insensitive criminal justice system of India is negatively impacting mental health of citizens at a scale of an epidemic. Barring members of legal community and few apparently pro-Govt quarters, most of netizens hailed the offender as "Hero". This only reflects pent up frustration in society against the judiciary for reasons that appear more right than wrong.
2. Initial media reports stated that the court did not
initiate contempt proceedings against the offender but has dismissed his
petition. I sincerely believe, with all my respect for wisdom, grace and
magnanimity of the Hon’ble judges, as evidenced in their restrained approach, that
the highest court of the land has gravely faltered. It has chosen to brush
aside, or cover up, the larger underlying issue of dysfunctional justice delivery
system that has been inflicting immeasurable scar on collective psyche of
entire citizenry. Simultaneously, it has also normalised, if not encouraged,
attack on esteem and respect of the highest court and its incumbents. Yet I
believe that esteem and credibility of the courts suffer far more at the hands
of incompetent or ethically challenged and compromised judges than anyone else.
3. By dismissing the petition, the Court has clearly shirked its
responsibility of delivering justice under all circumstances. It would have
been more generous and honourable for the court to send the offender to a mental
health correctional facility, for rehabilitation, and yet examine the issues
raised by him as fairly as possible. This would have been a step in direction of restoring credibility
and esteem of the judiciary in eyes of the people while setting red-line for conduct
in the courts.
4. I believe that a modern welfare state can ensure its own strategic
stability and long-term progress only by adhering to the ideals of sagacious benevolence
through a mechanism of firm rule of law. State institutions need much deeper
wisdom and integrity to guard larger good of public and citizens where generosity
and firmness are combined optimally as per requirements in each context. Every act of disciplining has to be driven by the larger goals and
principles of enlightened statecraft that must build a mutually empowering equilibrium between individual and state.
5. State - including all its arms, viz; legislative,
executive and judiciary- are expected to do their best to not only protect lives,
liberty and dignity of citizens but also ensure creation of such conditions in
society where people- individually and collectively – can live a life that is
optimally free from anxiety, fear, disease, disorder and stress. The courts in India have repeatedly been faltering in playing their own role through deterrent verdicts. Here, they failed to intervene in a clear specific instance where an individual was
suffering from abnormal mental disorder. It may be debatable if
this abnormality was outcome of genetic disorders or oppression by
functionaries of the state or a hopeless societal ecosystem for masses created
by dysfunctional governance. Besides, even if the approach of the litigant was
objectionable, it did not deprive him of his constitutional rights of judicial
remedy. Hon’ble Courts, despite misconduct or mental
imbalance of the litigant, could have taken cognizance of the issue raised by the litigant and may be appointed an "amicus curiae" to arrive at a just, fair
and an exemplary order in the interest of justice. By doing this, the
Hon'ble court would have upheld the cardinal principle of justice, pronounced in
the famous English case [R v Sussex Justices, ex parte McCarthy (1924)] that:
"Not only must justice be done; it must also be seen to be
done" or "Justice should not only be done but should manifestly
and undoubtedly be seen to be done". The court instead chose to play
to the gallery and landed in a lose-lose situation for society and state as
well as itself.
6. This episode, heralds beginning of a dangerous era in the
history of Indian democracy. When assault on dignity and esteem of judiciary invites
public cheer instead of universal indignation and condemnation. The prevailing
political-governance – corporate equilibrium, amidst persistent allegations or
perception of rampant corruption and manipulation of key institutions,
including judiciary, may erode public trust in state institutions to a level that
may seriously impact our stability, security and progress as a nation. Powerful
opaque global forces, patronising transnational mercenary networks, including
internal cartels within developing nations, may be emboldened to further
subvert integrity and efficacy of our institutions. There shall be more coercion,
intimidation, bullying and targeting to de-legitimise innovators and leaders
not only in judiciary but in all spheres of national security, including
high-end scientific and technological domains. This is a known mode of covert warfare used in pursuit of geopolitical objectives. Institution of judiciary particularly
runs the risk of being unwittingly coopted, at least partially, as a passive
approver or active collaborator in larger subversion of rule of law as well as security
and progress of the nation.
7. Hence, we need a serious, dispassionate and an enlightened
bi-partisan examination of state of judiciary in India, not merely from the
prism of law and societal morality, but also from the larger perspective and
principles of statecraft. The sole objective of such discourse must be guarding
comprehensive and sustained advancement of our state and civilisation lest
these are damaged irreparably in pursuit of partisan agenda or greed to hold on to power by certain incumbents of state. Such a scenario is particularly worrying in a volatile, competitive and trust-eroding
world. Powerful states and global cartels are harnessing their technological and otherwise prowess
to devise increasingly refined tools, techniques and strategies to subvert
institutions in other states. The zero-sum
geopolitical chess of global and regional domination has never been driven by an
innocent sense of civilisational superiority alone. Clandestine plunder and
pillage of the targeted states is invariably an integral component of such
agenda. This calls for creation of a permanent equation of exploitative subjugation. This is what has defined the strategic psyche of major powers
and civilisations, barring few significant exceptions. Colonialism was a manifestation of the same. But the modes of subjugation and exploitative equation may be much more subtle to sustain in the current era. As under-developed nations with large territories, big population and dwindling natural resources, get increasingly trapped in a spiral of stagnation, poor cohesion and sub-par governance, they shall lose their global relevance. This will make their nationals, irrespective of private wealth of few, increasingly vulnerable in a globalised world that is shedding many of its norms. A spiral of fragile institutions, corruption and under development can virtually choke a society to extinction.
8. It has been scientifically assessed that some of the major global powers as well as opaque non-state global cartels, have been using their longstanding well-entrenched networks, often in conjunction with each other, in the developing world to further their agenda. They not merely subvert but even take over few key institutions of relatively fragile states that offer big markets or produce some precious commodities. Institutional constraints add to vulnerabilities, especially threshold of tolerance to corruption is high. An army of local partners, including those in higher position, join the larger mission willingly or unknowingly. If such dynamics gains momentum beyond a certain level, it can virtually paralyse the capacity of targeted states to protect even its most critical interests. Despite an outward façade of democracy and sovereignty, a state can lose control over its key institutions to hostile networks. These very institutions can be used to the detriment of the very stability and progress of such a state and its people.
9. Amidst such an environment, a smarter strategy shall not be draining energies of a state in chasing foreign or global cartels within institutions to pin them down in courts of law. Glaring instances must invite deterrent punishments through law. Yet, it will be a better strategy to create an integrated institutional framework of governance that fosters excellence and innovation and denies space for subversion. Judiciary has to play an inviolable and pivotal role in such an arrangement. Its focus must be more on encouraging institutions to prevent and preempt violations of laws rather than generation of employment for litigation lawyers. Every matter that reaches courts must lead to verdicts that set exemplary deterrence against any assault on social and national cohesion or rule of law. A fair, transparent and efficient judiciary can optimise capacity of society to throw up powerful ideas, leaders and innovators and yet foster a culture of trust, collaboration and fairer competition. The same can accelerate the pace and enhance quality of progress of an entire state and civilisation, positively impacting the quality of evolutionary journey of humanity well beyond national boundaries.
(To Be Continued)
