Skip to main content

Why is Supreme Court "failing" to decide on anti-Sikh genocide, Gujarat massacre?

By Mike Ghouse* 
Is the Indian judiciary accountable? The people of India have never questioned the authority of India's judiciary. Indeed, they are the only branch of government, who have not been examined for their role in upholding the constitution and the rule of law. It is time one questions their lackadaisical attitude towards growing lawlessness in the nation and hold them accountable for their action.
What is holding the Supreme Court from rendering judgment, and bringing closure to the anti-Sikh genocide, Godhra burning, Gujarat massacre, Nellie massacre, uprooting of Kashmiri Pundits, Babri Masjid, and freedom of speech issues?
The silence of the state when the liberties of the citizens are trampled has gone unpunished. The Supreme Court can put an end to the catalytic nature of these unfortunate and tragic events.
Many things will be straightened if justice is delivered on a timely basis. If a concerted effort is made and the momentum is built to remind the Supreme Court to take their responsibility seriously, they can put an end to the fear that has grasped the nation.
The politicians, legislators and the administrators may be corrupt, but the judiciary has remained intact and is still free in India. The decisions by the apex court on the issues of LGTB, Sabarimala, Triple Talaq, and Babri Masjid are good examples, people have accepted their decision with protests but not violence. If we can hold the Supreme Court accountable for preserving the constitution and restoring justice, it will restitute hope to the hopelessness that is prevalent in India.
Dr Zafar Iqbal writes, “It is an unfortunate fact that many attempts were made to influence Supreme Court judges, still, compared to other institutions, the Indian Supreme Court's record is much better. The SCI is still the best hope we have. The venomous culture being supported and promoted by the people in power is spreading like metastatic cancer.”
Supreme Court is the last resort and defender of India's constitution, and if they can make bold decisions, they can restore sanity and the rule of law to India. The Supreme Court's role is to interpret the Constitution and serve as a check to the abuse of powers by the legislative and administrative branches of government. The judiciary is set up to be an independent body free from politicians and the bureaucrats.
India is a mature democracy when people decide to unseat a tyrant like Indira Gandhi, they have done it through the ballot. Not only Indira, but the Prime Ministers and Chief Ministers of India have honored the verdict of the people and have stepped down every time when they lost the elections, and respectfully handed the keys to the new person elected.
Prime Minister Narendra Modi is no exception; he is one of the most attacked politicians of India, perhaps more than the combined attacks on all Prime Ministers. His biggest mistake is his inability to speak up when bad things happen in the nation. Since it is a pattern with him throughout the ordeals of rapes, lynching, murders, and harassment; one is inclined to think if there was merit in Sanjiv Bhatt’s statement that Modi let the goons have three days to finish killing as many Muslims as they could in a supposedly revenge spree in Gujarat.
Modi is not dumb, he can boldly speak out against miscreants that the rule of law would be applied to all those who lynch, harass, and rape, and will be punished severely. No murderer and rapist will get a ticket from his party to contest the elections. He knows he has the power and if he uses for good governance, it will substantially subside the cow vigilantes, lynching’s, rapes and murders and felicitation of criminals.
Holding the Prime Minister accountable is the right thing to do. After all, it is the government of the people by the people for the people. Everyone is responsible in a democracy. Thank God, the era of dictators, kings, and tyrants is gone.
Thanks to the Indian media, the first saviour of democracy, for protecting your rights to be free to pursue life, liberty, and happiness. Thanks to the “Indian Express”, the “Times of India” and the “Hindu” newspapers for standing up against the bullying by Indira Gandhi during her infamous emergency rule. The editor heroes went to jail instead of temporary protection that comes with sycophancy or silence.
Now that awakening has come back, and we see the emergence of new heroes in the wire, squint, and other media outlets. They will be the new saviours of our freedom, and we need to celebrate them. Judiciary is a critical part of the governance if we write about the cavalier attitudes of the judiciary, things will start changing for the better. I welcome any criticism of the judiciary and solutions to go with them.
---
*Public speaker, author, executive director of the Center for Pluralism in Washington, DC, interfaith wedding officiant. Click HERE for more 

Comments

Unknown said…
Thanks bro. Mike for your enlightening article on Indian judiciary. In fact, the role of judiciary anywhere in the world doesn't stop just by passing the judgements. There is an urgent need to oversee all those judgements in their execution too. If passed laws and verdics are not implemented in their entirety, there is no greater farce than judiciary itself!

TRENDING

India under Modi among top 10 autocratizing nations, on verge of 'losing' democracy status

By Rajiv Shah
A new report, prepared by a top Swedish institute studying liberal democracy, has observed that there has been a sharp “dive in press freedom along with increasing repression of civil society in India associated with the current Hindu-nationalist regime of Prime Minister Narendra Modi.” The report places India among the top 10 countries that “have autocratized the most”. Other countries that have been identified for rolling towards autocracy are -- Hungary, Turkey, Poland, Serbia, Brazil, Mali, Thailand, Nicaragua and Zambia.

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam*
RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

Gujarat link of controversial US doctor who 'forced' WHO quiz Trump's wonder drug

By Rajiv Shah
A top American doctor, Sapan Sharankishor Desai, born and raised in the “affluent” North Shore (Chicago) region of Illinois by Indian parents, at one point of time involved in NGO activity through  dedicated to “improving” the lives of the impoverished in Gujarat, is in the eyes of a major international storm following his paper (retracted) in a “Lancet” questioning Donald Trump-promoted drug hydroxychloroquine.

Border conflict? RBI nod India's 'brotherly' help to China internationalise its currency

By Bhabani Shankar Nayak*
In the middle of a global pandemic, China started an unprovoked border conflict with India. It unraveled trust deficit and ties between the two neighbours. As thousands of Chinese troops tried occupying Indian territory, the Narendra Modi-led BJP government directs the Reserve Bank of India (RBI) to allow the Bank of China to start regular banking services in India. The Bank of China will now operate in India like any other commercial banks.

Dalits in India, Blacks in US suffer 'similar' humiliation: Macwan drafts letter to Trump

Counterview Desk
Well-known human rights activist Martin Macwan, recipient of the prestigious Robert F Kennedy Human Rights Award in 2000, has drafted an open letter to US President Donald Trump following the disturbing turn of events with the murder of George Floyd, leading to widespread protests in the US. He has sought signatures of concerned citizens before sending it to Trump.

RSS supremo Deoras 'supported' Emergency, but Indira, Sanjay Gandhi 'didn't respond'

By Shamsul Islam*
National Emergency was imposed on the country by then Prime Minister Indira Gandhi on June 25-26, 1975, and it lasted for 19 months. This period is considered as ''dark times' for Indian democratic polity. Indira Gandhi claimed that due to Jaiprakash Narayan's call to the armed forces to disobey the 'illegal' orders of Congress rulers had created a situation of anarchy and there was danger to the existence of Indian Republic so there was no alternative but to impose Emergency under article 352 of the Constitution.

Hurried nod to Western Ghat projects: 16 lakh Goans' water security 'jeopardised'

Counterview Desk
Taking strong exception to "virtual clearances" to eco-sensitive projects in the Western Ghats, the National Alliance of People’s Movements (NAPM) in a statement has said urged for a review of the four-lane highway, 400 KV transmission line and double tracking of the railway line through the Bhagwan Mahavir Wildlife Sanctuary and Mollem National Park in Goa.

Clean chit to British rulers, Muslim League? Karnataka to have Veer Savarkar flyovers

By Shamsul Islam*
The BJP government of Karnataka led by BS Yediyurappa is going to honour Hindutva icon VD Savarkar by naming two of the newly built major flyovers in Bangalore and Mangalore after him. There was a huge uproar against this decision of the RSS-BJP government as many pro-Kannada organisations with opposition parties and liberal-secular organizations questioned the logic to ignore so many freedom fighters, social reformers and others from within the state.

Disturbing signal? Reliance 'shifting focus' away from Indian petrochemical sector

By NS Venkataraman*
Reliance Industries Ltd (RIL), a large Indian company, has expanded and grown in a spectacular manner during the last few decades, like of which no industrial group in India has performed before. RIL is now involved in multi various activities relating to petroleum refineries, petrochemicals, oil and gas exploration, coal bed methane, life sciences, retail business, communication network, (Jio platform) media/entertainment etc.