Kerala - Kozhikode   

Poser to the judiciary

Kozhikode: Encouraged by the response to his first book ‘Neethi thadavarayil’ (justice imprisoned), lawyer K.P. Basheer has come out with a new book, ‘Judiciary engottu?’ (where to, judiciary?)

In this book too, Basheer puts the functioning of judiciary under a scanner. His intention is to put across his belief that judicial verdicts on a number of contemporary issues had not been pro-people.

Basheer uses quotes from senior judges to underline his argument that there are corrupt elements among judges and raises the question. Should judges be above criticism? The author believes it should not be so. The book raises this and other issues that are now subjects of public debates.

Emphasising the relevance of the points raised by Basheer, Justice V.R. Krishna Iyer in his foreword says justice and law need not always be compatible. Law is often an instrument to implement the needs of people in power. This can be changed only by a tempestuous people’s movement, he says.

In an essay the author expresses shock at the critical comments made by Chief Justice of India K.G. Balakrishnan about human rights activist Teesta Setalvad, who championed the cause of minorities during violence that rocked Gujarat.

One essay deals with judicial verdicts that in his view were anti-people. These include Supreme Court orders that banned the right to strike work, upheld the right to dismiss even government employees in public interest, and granted powers to police to arrest women even at night.

Basheer points out that while politicians and government servants who are found guilty of corruption are punished when found guilty, judges accused of similar offences are allowed to go scot-free.

He cites the case of a Supreme Court Judge whose impeachment appeared imminent, but later went unpunished and was allowed to continue in office. Such privileges enjoyed by judges render meaningless the concept that all are equal before law, says the author.

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