L E T T E R S    T O    T H E    E D I T O R

Delivering justice without fear or favour

News report “SC : Falling societal norms no excuse for judges’ misconduct” (Aug 11). The apex court has rightly stated that when a litigant enters the courtroom, he must feel secure that the Judge before whom his matter has come would deliver justice impartially and uninfluenced by any consideration. An aggrieved petitioner files a case with the sole hope of getting justice in accordance with law, that too, within a reasonable period of time. 

A judge while delivering a judgement must be free from any bias or influence and should always listen to the voice of his conscience, failing which it will be a travesty of justice. In fact, a judge should see that justice is not only done but should also seem to have been done. 

Justice is the conscience of the whole humanity. Those who clearly recognise the voice of their own conscience, usually also recognise the voice of justice. The moment you have protected the individual, you have protected the society. The laws of justice are based on the intention that the strong may not oppress the weak. In the 2007 case Parkash Singh Badal Vs. State of Punjab 2007, the apex court held that, “To perpetuate an error is no heroism. To rectify it is the compulsion of the judicial conscience”. 

Anil Bhatiya, Hisar

Punjabi youth

The plight of educated Punjabi students who do not get an opportunity to settle in Punjab due to lack of jobs for educated students, specially engineers, is quite miserable. There is no job for an engineer in Punjab. Punjabi youth is really frustrated because of the ignorance of the government towards bringing industrial revolution in the state. There is no effort on the part of the government to redress the problem. As of today, almost every Punjabi youth is forced to settle in other states or is forced to move to other countries . They have no choice.

Ankush Jethi, via e-mail

Apply new Act

The CBI has filed its first chargesheet under different Sections of IPC against the accused in the infamous Apna Ghar sexual abuse case of Haryana wherein young girls who were inmates of a shelter home were allegedly sexually assaulted.

Parliament passed the historic Protection of Children from Sexual Offences Bill in May this year which has now also become an Act after receiving the assent of President of India in June. Why are these child abusers not being prosecuted under the new Act which is much more stringent and child-friendly. The central government should give the date of notification/enforcement of the new Act as soon as possible so that the ongoing cases can be tried under the new Act.

HEMANT KUMAR, Ambala

II

The editorial “Punjab’s urban sprawl”, Aug 11 has rightly brought into focus the dark side of  Punjab’s urban migration. Over the years, land sharks have turned prime agricultural land into illegal colonies. Very soon we will see Punjab turning into a begging bowl. Punjabis need to decide now whether we need colonies or we need fields for producing grains. Punjab govt. should put a blanket ban on approval of new housing projects. Imposing property tax on vacant plots owned by people for
monetary gains is another option.     

Dr shivcharan singh dhillon, Tarn Taran

III

It is rightly said in the editorial “caste-based promotions” (August 11) that regardless of their caste, religion or region , the poor need state help. But the basic fact remains untouched and unsolved . At national level representation of reserved categories’ posts is quite astounding. They are and remain under-represented. They constitute 27 % of total India’s population and only 06% are in government jobs .

Out of this percentage, due to apathy of system and other factors , only 3% of reserved categories are able to make up to the upper hierarchy or to the top-slots in the government sectors’ jobs. The situation is much the same with women and girls who shine at schools and college levels but vanish at the time of their career glory and are rarely seen holding top positions.

Once the reserved and deprived categories are recruited under a parameter of job share in a government sector, it is their legitimate right to hold top positions also vis-à-vis their counterpart according to their representation which is hardly 09 % at the national level.

BALAK RAM DHIMAN, Hamirpur (HP)

Judges’ initiative The article “Why weaken the judiciary?” (August 10) by Justice Rajindar Sachar (retd), though written by a well-known legal luminary, tends to portray that it was a move of the central government “to further emaciate the judiciary, obviously with a view to increasing the executive clout”. The Supreme Court has been pressing recommendation of the Law Commission of India, duly supported by the First National Judicial Pay Commission (commonly referred to as Justice Shetty Commission). The ball in this direction was set rolling by the All-India Judges Association (AIJA) in 1989. The Judges Association filed a civil writ petition in the Supreme Court of India praying for the amelioration of service conditions and work environment of the grassroots judiciary. One of the prayers therein pertained to the necessity of the All-India Judicial Service. After subsequent verdicts and finally in 2002, with some modification, the Supreme Court approved the detailed recommendations of the Justice Shetty Commission, including that relating to the constitution of the Indian Judicial Service. Through the formation of an Indian Judicial Service, the central government is simply implementing the repeated specific recommendation of commissions and directions of the Supreme Court . NS SAINI, Mohali