Unlawful ? May be !

Ex-Supreme Court judge, Shri Katju had following to say about the Supreme Court and the Lodha Committe , in relation to BCCI mismanagement / corruption ( as reported in HINDU / 08 Aug 2016 ) :

“ If the parent [the judgment] is illegal, the Justice Lodha Committee’s recommendations also goes. The judgment has not only violated the Tamil Nadu Societies Registration Act but also the Constitution ” 

“ The Supreme Court had over-reached itself and indulged in judicial legislation unmindful of the fact that there are several larger Bench decisions prohibiting the same. ”

“ This order is legislative in nature and could not have been passed validly by the Court. ”

" The Supreme Court could have no doubt forwarded the Lodha Committee’s recommendations to Parliament with their own recommendation that they be enacted as a law by Parliament, but to direct itself that the recommendations be implemented is clearly a legislative act not within the court’s domain. ”

 “ Here, the Supreme Court has not only usurped the powers of the Registrar of Societies, but also outsourced the power of punishment to a committee of retired judges. All this was done under a PIL [petition]. This is nothing but a violation of the Constitution and the relevant statute... It is time the judiciary learnt self-restraint, ”

In a TV interview, Shri Katju went to the extent of calling the Supreme Court judges , " Emperors / Dictators / Arrogant "

What Shri Katju chose to forget ( on purpose no doubt ), is that , for the poor / suffering / starving / oppressed people of India , the Supreme Court is the " Court of last Resort "

A Court which ( of late ) , has come to the rescue of the suffering citizens of India , when the Legislative Wings have miserably failed to address their problems and the cancer of corruption has corroded the Executive Wing !

Will Shri Katju explain his deafening silence during his tenure as Supreme Court judge when :

#  Minority Parties in Lok Sabha held to ransom , the Women's Representation Bill for 37 years

#  Congress held up GST Constitutional Amendment Bill for past 2 years

#  A succession of Congress Governments, aided and abetted ,the parallel economy of BLACK MONEY for 50 years

#  Even as 1.2 million children ( under 5 ) die each year due to starvation, millions of tons of grain rot in open

#  Some 360 workers of FCI collect salary of Rs 4.5 lakh per month by " outsourcing " their work to contract labour

#  Companies blatantly siphoned off Rs 7 lakh*crore worth of loans from accommodating bankers and the govt

    decides to bail-out those banks by handing over tax-payers money , even as 17,000 farmers commit suicide

    each year because they cannot repay loans of few thousands of rupees

#  Lakhs of crores of rupees pocketed by politicians and bureaucrats in hundred of SCAMS relating to government

    contracts / purchases / so-called auctions / licenses / leases / allotments / advertisements / any excuse !

#  Lakhs of crores of rupees lost by hundreds of PSUs over the past 60 years, while govt kept these alive on a life

    support system of tax payers money, even as their workers played cards in factories

#  Thousands of poor people dying prematurely because of floods / droughts / fires / accidents / building collapses

    / hooch / adulterated food / fake medicines / arsenic-laced water ( just look up morning headlines )

   All of these are preventable , only if the Executives ( government officers ) did their job honestly / diligently

#  Thousands of crores of rupees of poor people swindled by PONZI SCHEMES operating with political blessings

#  Millions of tons of our Mineral Resources getting pilfered each year under the protection of politicians

#  Thousands of tanneries polluting Ganga / Yamuna rivers and turning them into gutters , over past 40 years

#  Millions of small children working in brass / leather / cracker factories for 14 hours per day , on a slice of bread

I can go on and on

Dear Shri Katju :

What the Supreme Court did ( in BCCI and a few other similar situations ) , may not be " correct " in the eyes of the law but it is the " right thing to do " in the eyes of the poor people of India

But for such judicial interventions , I am afraid the day is not far when the poor people sleeping on the rain-drenched footpath outside my home , just walk in and occupies my bedroom !  or your bedroom ?

I may not like that but can I grudge their " Moral Right " to do just that after 60 years of silent suffering ?

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10  Aug  2016

www.hemenparekh.in / blogs