Thursday, February 17, 2011

A Criminologist’s Diary-29

Fox as a JURY at a Goose's TRIAL

'When an elephant is dead, even a frog will kick at it'-this is a simple saying and is fully visible in the State of Kerala, India. Many judicial officers are under fire now and there are any number of them under suspicion as their integrity is in doubt. Everybody knows that there is little accountability for judicial actions in India and no transparency for many things done under the cover of judicial authority or under the colour of judicial power. No social or judicial auditing worth appreciating and very many judges and judicial functionaries are very much in the comfort zones.

Just recently the former Chief Justice of India's Supreme Court was subjected to a media trial for alleged amassment of wealth from unknown sources by his daughters/sons in law and so on. A case has been filed for investigation of his unaccounted wealth. The income tax department is at work making their own inquiries and investigation. All frogs are kicking the dead or better the dying elephant. To add insult to injury, two former judges of the High Court of Kerala were blamed for corruption and malpractices in pronouncing verdicts related to a notorious sex scandal case involving an ex-minister of the State. That case was finally disposed off about 15 years ago by the Supreme Court of India. Of late, a former minister of the State and a sitting M.P. of the ruling Federal Government at Delhi made a public address in which he made a statement that he was a witness to a the acceptance of corruption money by a judge of the Supreme Court of India. All these buried cases are digged up and a media trial is going on in Malayalam T.V.channels and newspapers. All frogs have gathered together.

Politicians- and not Statesmen- are in the front raw to comment on the judiciary, judicial functionaries and functions. Crocodiles in large numbers cry and sometimes the foxes cry because the chicken is wet. They seem to be disturbed because the public lose their trust in the judiciary. The so-named politicians-i.e., the people who think that the State belongs to them unlike the Statesmen who always thinks that they belong to the State- who are notoriously known for various nefarious activities, criminality and crimes of all descriptions including nexus crimes and Mafia activities come and collect together to kick the judges in hot water. They conduct a 'trial' of the judges in public and make attempts to convert everything to their and their political party's advantage. Among them one notices people of dubious character and integrity as well. In my view, if the judiciary is to be bettered or the judicial functionaries are to be corrected, then that noble task should not be entrusted to politicians of questionable purity. 'Fox should not be the JURY at a Goose's TRIAL' and what I notice in the media 'trial' is a calculated attempt to encash the situation for political mileage and not for the welfare of the people or for the benefit of the society. All of them shed barrels and barrels of tears.

No doubt, if the judges are really at fault, they must be exposed and punished; but it should not be the politician's task to do so. Satan accusing the sinner! It is the right time for the Government in power to make an independent MACHINERY to investigate all allegations against the judiciary and to bring the crime-doers to justice. I have been advocating for it time and again through my published books and articles .No doubt ,there should be proper accountability, transparency and auditing for judicial functions and functionaries and for that purpose new legislations must be brought out, if needed.

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