I really wonder if courts in India guard just the Laws or Justice in practise. If they are to guard only the 'laws' then better wind up them all- people and established organisaztions can do it far better. If only they are to guard Justice and values then the judicial system can be continued.
My confusion on this issue came with the recent judgements delivered by apex courts in two different issues .
The first and most concerning was the decision of the H'nble Supreme court in Ms. Mayawati's statue erection issue. The court has refused to give stay orders for the erection of the statues on the ground that it was the decision taken by the cabinet ( that it was taken in democratic process-the court meant) and so it (the court) wouldn't interfere the matter. In addition the H'nble bench advised the petitioners to resolve the case in UP High court as there were few other cases filed regarding the same.
Now the question that arises is whether one has to hail an act, however unjustified, for the sole reason that it is approved by the cabinet. Do we have to blindly let nonsensical plans to be implemented just for the one reason that a cabinet, in its discretion, formulated the activity unanimously or on majority opinion.
Many a times courts, the Supreme court in particular, have turned down decisions, ordinances made by state govts. though approved by the entire cabinet, on the grounds that they were unjust.
It is clearly seen in the present case that public money is irrationally spent on nonsensical matters.There are much more grevious tasks before the UP govt to be dealt with than the erection of those statues. I wonder why the H'nble court is concerned just about the law and not about the intensions behind the project.
Also the sort of attension , importance rather, given by the media surprises me. Had it been that a single individual unduly treated, things would have been different altogether. Prime time discussions by experts, public polls that depict the plight of the person run allday 24x7. Doesn't the media see that there are perhaps lot many people being affected by this sort of diversion of state exchequers' money. Millions of childern would have been to schools, crores of people would've got employement, developement activities could have been funded otherwise.
On the other side only recentlythe Bombay Highcourt has advised the Mumbai municipal corporation to workout on a plan to have 'NO CAR DAY' in Mumbai once a week to bring down pollution levels in the city-to make it a better place to live in. In another incident a court punished individuals for not taking care of thier parents who were old. Clearly there are no rules as such, atleast as of now, stating the pollution levels or caring parents. Still the courts considered not just laws.
Why not in all other cases then. why only adhere to 'laws'.........?
