We appreciate when suo motu notice of some urgent public interest is taken by a court. We appreciate a court when a PIL is immediately entertained by a court. We also appreciate when an immediate intervention or stay is granted by a court on a burning issue.
But can we forget those poor or deprived people whose cases are not even heard for decades even in lower courts and who have no wherewithal to approach the higher courts?
Won’t they feel discriminated against when a case of criminal or influential people is heard and finalised within days by the highest court just to ensure that his human rights are protected? What about the poor’s human rights?
Judiciary is one of the “three pillars of democracy”, i.e. executive, legislative and judiciary. When a person doesn’t get justice, he approaches judiciary with the last hope, but if his last hope is also shattered, where will he go?
The courts must introspect how to retain the faith and respect they deserve. They have to play an active role. But in the process of judicial activism, courts start adorning themselves with the petty administrative powers. They forget that they are supposed to interpret the law, and not to rewrite it.
Governments and departments are often pulled up by courts for not doing something in a day or a week. But what about 45 million cases pending across all courts! Setting up of fast track courts or mediation have also not helped to whittle away the backlog.
If justice delayed is justice denied, it’s surprising how courts then enjoy all sorts of vacations. Why should it not be curtailed and streamlined with the government offices? They can also sit late to wipe out the backlog of pending cases?
There are so many aspects of public life that need reforms right from election, political leaders, legislature, judiciary and ambiguity and multiplicity of laws, where judicial intervention is called for.
Courts should ponder how they can be made more relevant and useful for the society. The ideal justice is one that reaches the bottom of the pyramid (BOP) as quickly as possible.