Indian Judges & Higher Education

by Dr. Abdul Ruff Colachal

(December 02, New Delhi, Sri Lanka Guardian) Judiciary’s importance for a society cannot be easily disputed as their judicious decisions are vital for the proper development of a given society. In every society, secular, democratic, autocratic and totalitarian, some people are more important and more powerful than the rest and hence are not affected by general rules and laws meant for common people. Ruling elite, rich business magnets, top officials, top politicians are among those who enjoy the confidence of the government and hence are kept out of frame legal structure and are free to do whatever they feel good for themselves.

Since bribery is an accepted phenomenon in Indian life, rich trader class bribing the political class and government officials and also finance the legislators and parliamentarians right from the poll campaign, are also exempted from all legal problems as they are taken care of by the government agencies. Although it is only the head of the state officially enjoys immunity from legal actions, many of these sections also claim and enjoy the same unofficially. However it is the corpus of security personnel who are totally law-free citizens of the country and this “security’ function offers them the right to kill or torture the people the state dislikes.

Inefficiency

A vibrant judiciary promotes environment for high academic excellence, while weak judiciary, for whatever reason, would considerably reduce or undermines it all together. But judiciary’s role is generally restricted by other important pillars of the society. Police and military personnel have an important place in every system, including liberal democratic, and their actions are above any legal jurisdiction and are being used by the ruling class for own advantages and common people are only secondary to them. Military people are obviously placed higher than the police as the former serves the state government. There are instances when military personnel are detained by policy on wrongful actions, but they are released by the military forces by getting the central government offices intervene on their behalf. The illegal or immoral actions of military or police are nullified by the central government.

Judiciary, defined and determined by political undercurrents, under the prevailing circumstances, remains a mere onlooker of deep political actions. State controlled Judiciary, in order to save its own interests, generally, takes sides with the state agencies and endorses the state (inclusive terrorist) actions of the security forces. Rampant corruption has become reality of every society because of corruption in every section including judiciary. While the judiciary at times finds fault with corruption and huge money “transfers”, but when it comes to their own cases, they protect themselves. This has been happening quite openly in India.

Judges generally enjoy respect in the society because they being the ultimate lawmakers protect the nation from evil forces and, if they want, could even the law breakers of the society. They decide the fate of every individual in the country or province with their judgment delivery affecting the lives of people. The rotten sate of affairs in India and other so-called democracies and secular setups got obtained because the system suffers from the judicial lacunae since they consider protection of the state agencies as the priority matter.

There have been instances of lawyers bribing the judges and politicians “getting hold” of the judges, apart from the usual government interferences. The Judges at every level, as a result, try their best to help the corrupt politicians and the powerful; rare is a judicial officer who does not bow to the ruling class or the state rogues of India.

Unilateral

Claiming a special status, the Judges in India refuse to declare their assets and want to hide their wealth and money making. Terming the details of the judges’ wealth as "personal information" which cannot be made public, the Supreme Court recently informed the CIC, that there is no law, which makes the declaration of the Judges assets mandatory. Judges do not wish, to let the citizens know, how they increase their assets. It sounds illogical, if not anti-democratic..

Chief Justice of US Supreme Court John Marshall had once said: "Power of Judiciary lies not in deciding cases, nor in Imposing sentences nor in punishing for contempt, but in the trust, faith and confidence of the common man". The RTI Act was introduced to check corruption, by opening up information to citizens. Unfortunately the Information Commissioners entrusted with the job of overseeing the proper implementation of the act, are trying to sabotage the act.

In this highly volatile and terrorized world, where the anti-Islamic forces and their originating nations torture or kill the defenceless Muslims by branding them as terrorists, the new revelations show the just opposite being the crude fact, in Indian case. That is radical Hindu terrorists and militants harbouring ill feelings and spreading hatred towards Muslims are involved in terrorist activities with aids from state and central government agencies, most importantly the military. Hindu fanatics have plated bombs in various Indian towns but the media in India with their wide investigative journalistic networks have not detected anything about Hindu terrorism, they are mischievously harbouring fictitious news items and hurl “terrorist charges” against Pakistan, Bangladesh and Kashmir as if they have complete water-proof evidence for that.
Deficiency

Political and bureaucratic classes determine the place of judiciary. Largely corrupt and self-centered politicians and bureaucrats make the judiciary vulnerable and corrupt. A corrupt judiciary cannot heel the societal ailments properly. Judges are noble professionals and they are entirely different from lawyers or barristers and cannot be seen as high level pick-pockets or frauds by the common people.

Judiciary goes by the “notes” they receive from the government agencies on major cases they deal with and don’t exercise their real power independently to bring out the truth about a case, especially in “terror” related cases. In rare cases, truth is discovered quite late when the innocent convicts have suffered sufficiently under the boot of the terror security and intelligence forces. With the latest revelation about military promoting terrorist attacks in Indian towns and Indian media loyally toeing the lines reserved for them by the intelligence agencies, the conditions of Muslims generally and Kashmir Muslims in particular could be best imagined now. Not only the Indian terror forces occupying Jammu Kashmir have killed thousands of freedom seeking defenseless Kashmir Muslims, they have also meticulously planned the terror attacks by supplying the "materials" to Indian "spots".

In modern days with the advent of advanced technology, judges are supposed to know the latest remote techniques for information sharing and troubling creating for the people, being employed by government and private agencies. One doubts if many judges know about the remote mode operations to make rains or move clouds by the government agencies, possibly by the defense personnel. Similarly there are so many remote machines available to ordinary people to do surveillance and watching activities.

Judges pretend to unaware of the existence of any such hidden mechanisms or machinations form state or non-state agencies causing all problems for the society. In deciding a case on merits of the issue, the judges should know the remote gadgets that are operated in a hidden manner by state agencies violating, seriously, the basic rights of individuals. There are devilish remote machines to make noises, create terror dreams, and make terrorist actions on living beings and the like.

It is a matter of shame that caste and, creed and religion plays crude role in selection and promotion of judges in democratic-secular India. Every step is ensured to see only Hindus become judges and only one of them becomes the chef justice of India. Corruption, nepotism and favoritism thus remain the hall mark of judiciary too. Under these circumstances one can visualize the justice part of the Indian judiciary and this explains why grand Babri Mosque tragedy destroyed by the militant Hindu terrorists in 1992 is yet not resolved by the judiciary. Judges are appointed by the ruling party and their government and these judges depend solely on the politicians and bureaucrats for their onward march in their profession.

Nepotism, Crime & Dominance: A case study

In a notoriously caste-ridden country like India, the select powerful castes dominate the country’s administration. It is a known phenomenon, unfortunately, that the judges behave like authoritarian leaders who pursue their own agenda by being in high seats. They are corrupt and encourage rivalries and tensions in the society. Judges lower their status by compromising on principles for favours and benefits. A former chief justice of AP High court who also was an acting governor of Andhra Pradesh, belonging to the most powerful caste Reddy, got his own daughter in a federal government educational institute in Hyderabad (CIEFL) to become a professor in German with a flawed language and pronunciation. She is a militant like person who thrashes teachers on the campus. Invariably, a Reddy becomes chief-minister of AP and Reddys are specially sent to USA and other Western nations to study and employment. Reddys occupy important positions in administration, judiciary, police and other important domains that control the entire state. In fact the Reddys occupy the chuck of Indians living in USA and West.

Andhra Reddys who constitute not even 4 % Telugu population, are the richest class having spread their poisonous tentacles every where in the province as well as country and control the entire AP state through all possible mechanisms. The fact that Reddys are the most powerful in Andhra Pradesh has been capitalized by her and other at the institute to influence the police and judiciary in AP. Today, the CIEFL, started to train school teachers of English has been controlled by extremists and people with criminal records. The current director, originally form Delhi University, had assaulted teachers and had cases in courts of sexual harassment by female teachers. The Manmohan government with Arjun Singh as Human resources minister has chosen him to direct the notorious CIEFL. This small institute is known not for its academic excellence, with its almost zero output, but vicious circles and gangs that the director manipulates to keep himself safe. Any one who does not agree with the gangs is kicked out physically and handed over to police for punitive measures by the courts. (This writer has been one among the victims at this horrid CIEFL who were forced to seek voluntary retirement and yet is denied their benefits after agreeing to for that)

The state criminals in CIEFL are protected by the police, court and the state and central agencies while the government is least bothered about the educational standards, except the reports about terrorism in India and abroad. One can visualize the standards of higher educational institutions in India. But the judges should have stayed away from influencing the offices for the selfish ends. Indian government seems to have supplied remote gadgets to some of the inmates of the residential campus of the CIEFL, who, in the name of security, are keen to watch what their neighbors are doing in their bedrooms. That is academic standard of this higher educational institute.

With the falling standards of judiciary, the higher educational standards also fall significantly as they have become the certificate issuing agencies on prescribed (plus extra) charges for job purposes in India and abroad. Indian government is eager to make this retched CIEFL a university now. If judiciary takes decision to promote wealth making efforts of the lawyers and judges, how can the universities and institutes be properly organized and effectively used by the public?

Post-script

Interestingly, the media-cum-intelligence networks, focused on painting Muslims as "evils" and "terrorists" in India tolerated by the terrorist but "innocent" India, pass on judgments on terrorist attacks taking place in the country by placing the blame on Muslims and declaring an organization taking responsibility for that. Judges who read such news reports generally fix the prima-facie accordingly, placing Muslims as culprits and Hindus as “sufferers” in a pre-emptive manner.

The latest Mumbai blasts case is no different as the media-intelligence has already passed a judgment involving Muslims with an organization readily accepting the blame (this time Pakistan was not named immediately as before, thank God) and the stunt by former colonizer UK in recalling their cricket boys is not a new story for the world, either!

Indian Apex court has ruled that judges need not declare their assets. Judiciary conversely states that judges can accept bribes and make wealth of their choice, but, unlike their counterparts in military, executive, legislature, intelligence, police and media, judges are above law and cannot be questioned about their hidden wealth made in profession or other wise. That being the judicial state of affairs, is Judiciary above law? Are judges above Law? Independent judiciary also means freedom to distort facts to protect the state terrorism?

Only an efficient judiciary can be productive and responsive to the changing mood of the society and guide the nation by its righteous rulings. Kashmir genocide has been going on for decades by Indian terror forces mainly because Indian government has taken the support of the judiciary for granted. Judiciary should shoulder the prime responsibility for the poor state of affairs in India and worsening the fate of Indian Muslims as well as Kashmiris. The active, though hidden from public view, nexus among the executive, security, intelligence and media have harmed the lives of Muslims in Kashmir and India, but when the judiciary joins the nexus, in order to protect their own “future”, the situation becomes quite torturous. That has indeed happened to Muslims around. They are under state siege and have no hopes whatsoever.

All these years judges also said Muslims produced by the government agencies are "terrorists" and hence they should be watched carefully and this converse suggestion emboldened the state agencies to torture the Muslims, more so the Kashmiris. The slow revelations about the Hindu priests abetting terrorism with the support of anti-Muslim Indian media has clearly exposed Indian mind-set pretty clear about its inhuman and terrorist intensions and terror activities. That is to say Indian state is engaged in terrorist activities and Muslims take the blame. Where is the UN? Where is UNSC? Where are the global Human Rights activists? And what the ICJ in The Hague and judiciaries of these democracies are doing? When will the Grand Babri Mosque be rebuilt in India at the original site where it stood before being pulled down by the Hindu terrorists? What is the fate of Afzal Kashmiri who was trapped on falsified charges and has requested the India government to kill him also like other thousands of Kashmiris, in stead of torturing him in Indian jails?

Higher education suffers because of the vicious circles operating in academic circles and also nexus between academics, politics and judiciary that encourages criminality in educational institutions. Favoritisms, nepotism, bribery are core to Indian system.. Awards, merits and other honors are obtained by nefarious means today. A few pro-India statements, close links with corridors of power and research projects on terrorism related subjects would earn them a vice-chancellor's or UGC chair any where in the country. Do Indian judges, then, think their role in India is fixed by the rulers for ever? - Sri Lanka Guardian