Monday 15 April 2013

Katju - The New Best Friend of Jail-Birds

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A latest SMS which has gone viral amongst the prisoners in Tihar reads –  
Dear Friends, Contact Justice Katju.. He is our only saviour



Press Council of India (PCI) Chairperson, Justice Markandey Katju is probably the new best friend of approximately 313,635  convicts who are in various jails of the country. He recently shot to fame in the Munna Bhai’s case where he wrote to Governor of Maharastara seeking pardon for Sanjay Dutt on humanitarian grounds under Article 162 of the Constitution, after the apex court had upheld his five-year sentence in the 1993 blasts case. It seems the Honorable Justice has some draft letters ready on his desktops, he just changes names and addressees’ and forwards them. The last one written to President Pranab Mukherjee seeking pardon for Devender Pal Singh Bhullar who has been awarded death sentence in connection with the 1993 Delhi bomb blast case.

Justice Markandey Katju was born in Lucknow, in a Kashmiri Pandit family. He topped the merit list of the Allahabad University's LL.B. examination, practiced law in the Allahabad High Court and specializes in Labour Law, Taxation and Writ Petitions. He served as Supreme Court Judge for five years and his courtroom was one of the fastest disposing off 100-plus matters in a week. His strong belief in judicial restraint has been contrasted with some unconventional opinions that he has delivered. The contradiction may be partly explained in his own words: "A judge should restrain from challenging policy decisions in economic matters by the Government, though be an activist in cases of personal liberty." Guess, the cases of Sanjay Dutt and Bhullar fall in the domain of his personal liberties.

He has actually been the Rakhi Sawant of the Judiciary, always surrounded by controversies. Addressing a seminar organized by the South Asia Media Commission, and subsequently in several articles and interviews, he has said that 90 per cent of Indians are idiots sand 80 percent Hindus and 80 percent Muslims are communal. He justified his statement on the ground that 90% of Indians vote in elections on the basis of caste and religion and not on the merit of candidates, 90% Indians believe in astrology, etc. Wisdom to clarify his own remarks came to him when two students sent him legal notice. He later clarified his remark by saying that it was meant to awaken people to the realities of social evils like casteism and communalism. Ahh… sir, this is a good one.

As a judge, his plain-speak did not rattle the apex court as much as he has discomforted the hues of politicians, in his short stint as Chief of the Press Council of India (PCI). His differences with Arun Jaitley, Modi, Nitish and of course his remarks against Mamta, that she is 'dictatorial, intolerant, whimsical' are no hidden secrets.

In 2007 while hearing the Bihar Fodder Scam of Supreme Court, his bench said, "Everyone wants to loot this country. The only deterrent is to hang a few corrupt persons from the lamp post". Getting personal on the issue but understanding his limitation he remarked, “The law does not permit us to do it, but otherwise we would prefer to hang the corrupt”. Read here.

It is difficult to predict Justice Katju, as he defines his logic with continuously changing beta curves and pixletes of grey. His scholastic image has taken a beating because of his strange and woebegone comments and actions, which are not expected from a person of his eminence.

In the end, we sincerely hope and pray that Justice and only Justice alone is delivered, and leave our leaders with following questions to cogitate—



  • Are the actions of Justice Katju, as the Chairman of PCI, justified? Should there be a code of conduct for people of his stature and position?
  • What can be the reasons for his actions? A genuine concern to bring a change or an act of publicity?
  • Is he the new Baba Ranchordas Chandad (3 Idiot) of the modern India?
  • Why should judges of the Supreme Court and the High Court be eligible for jobs in the Government after retirement? In some cases the pre-retirement judicial conduct of a judge is influenced by the desire to get a post retirement assignment. Similar examples are evident in other bureaus such as IAS, CBI and IPS.



Think India, THINK !!!



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