Lawfully Yours: By Retired Justice K Chandru | 'They also serve who only stand and wait' biblical saying will not apply in criminal law

'They also serve who only stand and wait' biblical saying will not apply in criminal law

The Supreme Court initially ruled that the state can't stop central agencies from probing their officers. The same court now has rapped the central agency for ‘violating the country’s federal structure’ and questioned the legality of targeting a state-run corporation. Won't conflicting rulings on the same issue create legal confusion and undermine the predictability of the law? Where to draw the line concerning judges’ perspectives and interpretations?

-- Palaniappan K, Ranipet

The Supreme Court has not yet pronounced a comprehensive judgment on the Prevention of Money Laundering Act (PMLA). There have been bits and pieces of orders on bail matters, quash petitions and power of investigation, etc. Even in these matters, perception varies from judge to judge. The newspaper reporting also gives a different impression. The latest statement by the present CJI regarding the Tasmac investigation by ED was not part of the judicial order but an observation made during the hearing. The SC has not quashed any proceedings but stayed the ED from interrogating the top officials without anything being directly attributed to them. The biblical saying 'They also serve who only stand and wait' will not apply in criminal law. Let us wait for a final verdict on these issues.

CJI protocol breach not because of caste discrimination, but bureaucratic lethargy

Even though Chief Justice of India BR Gavai has brushed off the protocol failure during his first visit to Maharashtra, as a High Court judge yourself, do you see this as the official machinery failing to acknowledge Dalits despite them holding high constitutional offices? Have we come far from the period when Dr Babasaheb Ambedkar faced discrimination after all his achievements?

-- N Christopher, Mandaiveli, Chennai

This is not the first instance of protocol lapse. Former Chief Justice of India Sabyasachi Mukherjee died in a London public hospital due to a protocol lapse that resulted in the lack of medical attention. Following this, the Supreme Court appointed the KK Venugopal committee, which recommended that the CJI be treated like the President and offered due courtesies. The situation of High Court judges was even worse. Even in government guest houses, they were not given the same priority as a minister. Thereafter, in 1993, the MHC ruled that HC judges must be given the same status as that of a minister. Only after this, HC judges started using revolving lights and the Tricolour on cars. However, the lapse regarding the new CJI need not be attributed to caste discrimination. Bureaucratic lethargy is common in these matters. The country must start recognising how important the judiciary is in a democratic setup.