Judiciary as seen on social media and in eyes of ordinary people;
Text of my article for National
Conference on "Impact and Effect of Social Media on Judiciary", to be held on 14th-15th February 2015 at Judicial Academy,
Chandigarh Which I sent to Academy in 14th February 2015.
The very fact that Hon’ble the Acting Chief
Justice of High Court has referred on the subject cited above is ample
evidence that the social media is having some Impact. Before analyzing the same,
let us first examine certain posts which had gone viral on social media.
Audio and video recording of court
proceedings is most popular.
Posts
on Violation of law and facts by Judges and lawyers;
and end result is;
only corrupt and crook influence judges by hiring 'influential' lawyers to throttle and kill justice;
Inordinate delays and blind judges;
Popular post w.r.t long holidays;
And if that was not enough in itself entire court shuts down on death of an advocate;
Is Judiciary not accountable to its employer
- The Public ?
There are several posts on judges lacking
human intelligence; one such popular post is about a cow, monkey and an
elephant;
एक जंगल में गाय भागती हुई जा रही थी. हाथी ने उसे रोक के उससे भागने का कारण पुछा.
गाय ने कहा जंगल के सारे बंदरों को पकड़ने का आदेश आया है।
हाथी ने कहा :- पर तुम क्यों भाग रही हो, तुम तो गाय हो।
गाय ने कहा :- मैं गाय तो हूँ, लेकिन अगर मुझे पकड़ लिया तो २० साल मुझे ये साबित करने में लग जाएगा कि मैं गाय हूँ। और कोई जज ये भी कह
सकते हैं कि मैं एक बंदर हूँ
ये सुन कर हाथी ने कहा :- मुझे पता है, अपील में भी तुम्हें बंदर
कहा जा सकता है!
फिर गाय और हाथी साथ- साथ भागने लगे!
Action required in interest of justice ;
Social media is talking about Judiciary
because ;-
Some posts show that people are aware of misuse of contempt act by
Judiciary to terrorize people to remain silent, but are however willing to defy
that fear to express their views about the judiciary;
But inspite of above threat, people are not afraid
to speak Truth;
Exposing crime of corruption i.e. making
complaint against a corrupt Judge is treated as committing crime of criminal
contempt. WOW.
Truth is supreme, not the Judge or his
Judgment. This post is to remind Judiciary to follow truth and to public to
speak truth fearlessly.
Effect
of Social Media;
Social media does not directly affect
Judiciary. It may have varying affect on individual Judges. It is inspiring for
Honest and feared by dishonest. The later, (for personal benefit), would want
to curb it with Jail sentences.
Impact
of Social Media;
Object of posts on
Judiciary is to awaken political will, judicial conscience and social awareness.
In the least, they will amount to nothing, and will just fade away. At most, they
may lead to soul-searching and introspection among judges and lawyers. Who
knows, such posts may create a wave of honesty, integrity, sound moral
character, efficiency, transparency, spirit of obedience to law leading to
respect and dignity of Judiciary. Sycophancy is not Respect. Judiciary will
gain respect only when it respects and obeys truth and Statute.
A Judge is not master of Law but only its
servant.
Kapil Dev Aggarwal
Advocate, High Court, Chandigarh.
Disclaimer1:
All posts are
downloaded from social media. Author has no role in the same. In
the national conference, judiciary is taking up the all roles, as an accused,
as complainant, as an advocate and as witness. It is hoped that it will not also take the role of a Judge and
exercise powers of Article 245 constitution of Indian to throttle reforms and
dissent.
Disclaimer2:
I have reasonable belief
that the above article will not be published. I am not a judge, neither related
to any judge nor a sycophant. Nevertheless, I have just done my duty by sending
it to you as a good citizen, in the hope that it will be read and understood,
and hopefully appreciated.
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