Challenge to Democracy
judicial activism has taken new heights now.Supreme Court judges, Lok ayuktas make sarcastic comments about our law makers, Ministers, and the Government in particular while hearing cases of corruption. Karnataka Lo ayukta Santhosh Hegde himself a retired supreme Court judge often indulges in pontification during interviews to 24 x 7 channels. Recently, Supreme court enhanced the penalty on the then Maharashtra CM Vilasrao Deshmukh for misusing his offical position to protect a money lender from his party who acted against a hapless victim. In the interrugnum, the Union Cabinet was reshuffled and Vilas Rao Deshmukh got shifted from Ministry of Heavy Industry to Rural Development. Quixotic it may seem but it is the constitutional prerogative of the Prime Minister. Now the learned Supreme Court Judge Sri A.K Gauguly who also sits on the bench hearing 2G Scam makes a public remark about the continuance of the said Minister in his new office as it is incongruent with his questionable conduct. The judge may remark this in his judgment or during the course of a hearing but can not make such a remark in public. He does not have any immunity in behaving like a 24 x 7 channel reporter. Naturally, the Party has taken serious offence to the view calling for utmost restraint without crossing the constitutional limits. the PM also made a minor reprimand to judicial activism In a democracy, it is people's power that is supreme. People elected to rule the Country owe it to those who elected them. If they fail to perform, under perform or indulge in any activity that is unlawful, he/she has to be tried under the laws of the land and if found guilty punished as per law. But making public rebuke of such elected members bodes ill for democracy. One should remember that there is still a case pending before the Supreme Court Bench headed by Altmas Kabir on the issue of contempt notice to Advocates Shanti Bhushan and Prashant Bhushan on the corruption in judiciary. Neither of them have apologised for their interview to Tehelka where in they made startling allegations about corruption amongst the supreme court judges. The bench had used all its power to make them withdraw their comments and apologise but of no avail. The court has said that it does not care if the contempt proceedings open up a can of worms. Well let us wait for the can of worms to spill over.
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