Madras HC should act against Union Minister

M. Gautham Machaiah
Bangalore

Justice R. Regupathi of the Madras High Court has stirred a hornet’s nest by announcing in the open court that a Union Minister tried to influence him to grant anticipatory bail to a doctor and his son in a forged marks sheet case filed by the Central Bureau of Investigation.

Such interference by politicians which smacks of gross impropriety deserves to be condemned, but the judge too failed in his duty by not naming the Minister at the first instance.

The judge has threatened to incorporate the name of the Minister and details of the conversation in his order if the accused fail to tender an unconditional apology. Why is the judge insisting on an apology from the accused and not the Minister himself? Is it because the accused and the Minister are powerful people?

Would the same concession be granted to a common man had he tried to influence a judge? The judiciary’s history is replete with instances where people who have interfered in the course of justice by writing letters or making phone calls to judges have been punished. Why this preferential treatment for the Minister?

No doubt, Justice Reghupati needs to be congratulated on his bold stand, but the right course of action for him would have been to haul the Minister concerned for contempt of court. The law of the land should not differentiate between a politician and the common man.

India takes pride in its independent judiciary and any attempt by self-serving politicians to subvert this should be nipped in the bud. One hopes that the judiciary will stand solidly behind Justice Reghupati in his fight against the interference by the executive.

The judiciary need not look to the Prime Minister to bring the Minister to book. The court is well within its powers to initiate appropriate action and hand down exemplary punishment to the Minister so that it serves as an example to his entire ilk.

Unless the judiciary deals firmly with the truant Minister, the common man will get an impression that some are more equal than others in the eyes of law.

(Picture sourced from www.skyscrapercity.com)

COMMENTS

(This article was also posted on MSN. Some of the responses received are reproduced below)

I believe this is only the tip of the iceberg. I think this judge has the courage to at least speak. Most others will not even speak.
-B. Kumar, Allahabad

Justice Regupathi will be remembered for the strength of his mind if he passes a proper order on this issue. It would have been more appropriate and would have served as a deterrent, had he spelt out the name of the Union Minister in the open court.
-Amal Datta, Chennai

How does the judge or any one else know that it was not an imposter pretending to be a Minister just to ensure that the accused does not get bail? There are always more angles than one when looking for the truth.
-Ajit, Mumbai

The judiciary of India has become corrupt and the judge who has took a bold step against a Minister should be praised.
-Shri Paul Sharma, Ludhiana

Which Union Minister are we talking about? Does not somebody have the guts to come out upfront with his/her name? If we can make these allegations, then we should be bold enough to give out the name of the person concerned. This practice of hiding the name is pure cowardice. Media persons think they are doing the public a great favour by reporting sensational news. If the report comes with inconclusive news, then they may as well have not reported the issue.
-Johnny Walter, Lucknow

Life is miserable for the people who are truthful. They can end up in a mess. Such is the fibre of our country. Only now some people are becoming bolder. It is good that the judge came out with the statement. I pray to God to bless this country and the people with great transparency while performing their duties. No one can be proud unless and until people feel that it is worth living in this country. We have lived in fear, and continue to be in fear as right can be turned wrong and wrong can be turned right. The mighty wield the power. We all wish to live in state of happiness and that too fearlessly.
-M.S. Rao Chennai

The article is a trend setter to the judiciary and the politicians in the country.
Subhash Chand, New Delhi

I am a sufferer under the corrupt legal system widely prevalent in India. First of all, the law of the land is not easily available to the common man on the street as it should be. Lawyers and judges have a similar nexus as the politician and the bureaucrats. They are always in connivance with the rich and powerful.
I hail from Bihar where the law is non-existent. If someone has the misfortune of protecting their rights through a court of justice in such lawless states then only God can help him or her. There is a goonda raj and politicians are goondas. The greatest irony is some of these people who are roaming the streets under the protection of Z security should be put behind bars. But they think they are above the law.
Only a miracle can save Indian democracy. It is a sham democracy. Judicial process is slow and compels people to take the law onto their hands.There is a saying which totally fits the Indian judicial system, 'Justice delayed is justice denied'.
-Kumar P, New Delhi