Monday, October 1, 2007

Contempt of Court

The Supreme Court has given a veiled advise to leaders of UPA either to remove chief Minister like Mr. Karunanidhi or they (court ) will not hesitate in giving advice from the court level to The Government of India to impose President's rule in the state where even Chief Minister is disobedient to even court order
.
After all what purpose Mr. Karunanidhi is going to serve by sitting on dharna or calling a bundh in Chennai or in a state? It is his own government in the state as well as at the centre and he can take any step to ensure what he wants. So far as Ramsetu canal construction is concerned it is still in process of deliberation and the central government has not given any instruction to stop the on- going process.

In democracy, point and counter point is unavoidable on any vital or small issue. Some leaders are pro and some are against the proposed dam, not only in opposition camp but also in the ruling camp. I think even in UPA, many MP's are such who do not believe in the logic given by Mr. Karunanidhi that Lord Ram never existed and hence the so called Ramsetu is farce and simply myth.

Even majority of people in India and abroad believe that there is some truth in Ramayana and Mahabharat and even scientists are relentlessly researching on various contents in these valuable Epics. If one person like Mr. Karunanaidhi or parties like DMK do not have faith in God, he cannot be allowed to build pressure on other person or party through Bandh or Dharna to adopt his opinion and leave worshipping God Rama.

After all, all religions are based on faith and faith only. If someone worship a statue or a book (Granth) or air or fire or snake or a tree it is only due to his believe that there lies God and by such action he purifies his mind and heart and keeps himself away from sins.

If Mr.Karunanidhi do not believe in God, it is not astonishing that he does not comply court order and disregard public faith. As such court has rightly concluded that there is complete breakdown of Constitutional machinery. Hence the need arises either for change of Government or leader or imposition of President's rule in the state.

One more remedy is to punish the person Mr. Karunanidhi individually and do not punish the entire state for the fault of one individual or one party.

But who will do it? UPA government cannot imagine removing Mr. Karunanidhi because its own survival depends on the support of Mr. Karunanidhi and his party. This was the reason that Ms Sonia Gandhi forgot that one of the accused was Mr. Karunanidhi and his party DMK was behind the murder of her husband late Rajiv Gandhi .For the sake of power one can go to any extent.

Due to such dirty politics prevailing in our country that court is left with no alternative but to encroach upon the rights and duties of the executive and legislative body and go beyond its limitation to advise the central government to impose President’s rule.
Court may also direct the Chief Secretary to file a contempt petition. BUT as a matter of fact, court cannot expect any good decision from political leaders, irrespective of party.
.Even left party supreme and the speaker Mr. Somnath Chatterjee left no stone unturned only in the recent past to belittle judiciary to keep his and his party's ego above the court. There are some more dominant leaders who will try to build pressure on the ruling combination to have debate in the Parliament on the issue of court’s so-called frequent intervention in the domain where the legislative and executive body has to ponder over and act
. They will never think why after all court is taking such steps?

Has court given any bad advice in the past to political leaders or to the government?

If yes, the political leaders may be treated as right in asking for debate. Otherwise they have not moral to ask for debate when the advice of the court is genuine and in the interest of the mass.
Political leaders have no right to treat the people as their slave, and the country as hostage of the party they belong.
In democracy there is delay in removing such dirty leaders but not darkness or public impotence that such leaders will survive even after they perpetuate crime and commit one after other sins.

Danendra Jain
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