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THE TRIBUNE SPECIALS

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M A I L B A G

Jharkhand: SC order no remedy

LONG years ago Justice Marshall, the then US Chief Justice observed: “Supreme Court is omnipotent. It can pass any order, right or wrong, and it will be binding. But it has no power to add a caveat to it by saying that it will not be precedent…” Whipped by emotional reactions to the Jharkhand political imbroglio, the Supreme Court of India solved a crucial problem. But it acted unjudicially.

If the court says that it will not be a binding precedent, then on its own confession, it is not an order based on law or for justice. Judges are speaking oracles, only of law and justice. The only weapon in their keeping is law and its backcloth, justice.

If on admission by themselves, it is, inferentially, only an executive order, which they aren’t entitled to pass and if passed, subject to disobedience without fear of contempt. How would this court react if, for example, in an impeachment case against a judge, the Speaker or Parliament passes an order that the contemplated inquiry in which the judges sit should be video covered?

Though extremely well intentioned, the order was unfortunate. It could have been possible for judges to say what they said, express their emotions and reactions as they did, even more vehemently, and express their helplessness. That would have achieved the same results, which they achieved.

The most appropriate thing the court can do now is to remove the glaring roadblock in separation of powers. There is need for a formal review by the court itself to alter the order, or if the court declines, a constitutional amendment affirming separation of powers between the executive, the legislature and the judiciary as a vital and seminal part of the basic structure of the Constitution. Express mention of judicial interventions in normal executive functions becoming immune from judicial review.

The remedy is not a ‘court decree’ for character and fair play. For ensuring good government, voters must reject criminals and the corrupt in the elections.

P.N. DUDA, Senior Advocate, (Supreme Court), Gurgaon

Modi: US is not right

The US’ denial of visa to Gujarat Chief Minister Narendra Modi is like the kettle calling the pot black. The US has no moral authority to issue sermons on terrorism and human rights as it is the number one violator of the same. It even ignores the world’s environment concerns. No wonder every beating it takes at the hands of its victims brings cheers.

Mr Modi cannot be hounded forever as it takes two to tango. He had won overwhelmingly in the Gujarat elections.

UDITA AGRAWAL, New Delhi

It is regrettable that the US has refused visa to Gujarat Chief Minister Narendra Modi. If it doesn’t review its stand and heed Dr Manmohan Singh’s request, the Prime Minister should also cancel his scheduled visit to the US in May.

KHUSHWANT SINGH, Chandigarh

III

Mr Modi and others responsible, directly or indirectly, for the Gujarat riots, are votaries of Nazism. As they continue to defend their irresponsible stand, aren’t we failing to protect the traditions and ethos of secularism and pluralist society? Is it not a betrayal of faith towards the minorities who look to the majority for rule of law, fair play and justice?

After a visit of some European countries, I feel that there is a strong resentment among the people against Mr Modi for his failure to protect the minorities during the riots. Thus, the Centre should not support him on the US visa issue.

Lt-Col CHANAN SINGH DHILLON (retd), Ludhiana

Appoint selected lecturers
AS many as 392 lecturers were selected by the Punjab Pubic Service Commission for Punjab’s Government Colleges in February-March, 2002. But later, the selections were cancelled by the Punjab Government. This was subsequently challenged in the Punjab and Haryana High Court.
The state government has failed to produce any specific reason/proof of irregularities committed in making the selection. In this situation, the government should withdraw the cancellation order and issue appointment letters to the selected lecturers.
Incidentally, there has been no recruitment of lecturers for the past eight years. More than 750 posts of lecturer are lying vacant in Punjab’s Government Colleges. This is adversely affecting students in the colleges.
Prof. SANJEEV GHAI, Dept of Political Science, DAV College, Hoshiarpur

The great sacrifice

On March 23, 1931, the great revolutionary Bhagat Singh, Sukhdev, and Rajguru laid down their lives with a dream to free India from the shackles of colonialism. Though their dream was later realised by the efforts of the Congress, who reiterated Bhagat Singh’s ‘Total Independence’ call at their Lahore Session of 1929 on the banks of the Ravi, a lot remains to be accomplished.

The best way to pay homage to them is by resolving to take our nation to greater heights of glory and prosperity, and make India a country of their dreams. The politicians, bureaucrats and common people should spare a thought for their great sacrifice and strive to create a wonderful India for the posterity.

GAUTAM SOOD, Malerkotla