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Showing posts with the label judiciary

Judicial activism: Good or bad?

Sometime ago I posted my rather withheld reaction to the conviction of Santosh Singh in Mattoo case. A recent comment on that post led to this post. We live in the times of Judicial Activism in India and I can either say that it could not have come at a better time or I can observe that perhaps this was in the natural order of things. Passing through the Nehruvian era, Emergency, unsuccessful Junta Party govts when the public trust in the legislature and executive has deteriorated increasingly, judiciary remains the last hope of the Indian middle class. Is it something to be celebrated or even relied upon is the question I want to explore. Every activist is motivated by a ideology and it although it is easy to believe that the driving ideology behind the Judicial Activism is one of justice for one and all, we would be naive to do so. No doubt it remains the primary guiding force but the question is not about the intention to seek justice for all but about how one perceives the jus...

It is only the second round !

Today morning started with the much awaited news of the conviction in Priyadarshani Matoo case. I feel happy but not relieved. This was only the high court. There is still supreme court to appeal to. And while the re-trial in High Court got on the fast track because of the public out cry, I do not know what will happen in SC. May be another 5-6 years followed by a public outcry will be the cycle there also with the only difference being that SC may consider the public outcry as a interference in court's working and pass a gag order barring discussion of the matter in the public. No, I don't think that our justice system has gone to dogs completely but I do think that our SC takes itself a little too seriously. But anyway, today's conviction should bring some cheer to the Matoo family. I was particularly interested in this case because of another reason. To give some background, CBI filed an appeal in high court way back in 2000. And although it is not a big deal for a case ...