Some time back, I had read about the helplessness of the Supreme Court of India in the event of the order not being carried out. The same situation is likely to appear once again.
Iqbal Mirchi, a close associate of underworld don Daud Ibrahim has been arrested and all efforts are being made to transfer the case to India . In 1995 though Mirchi was arrested it could not be possible to bring him back to India . If this time he will be brought back to India , trial will be done in Supreme Court finally. Very likely the judgment will be a like in nature with respect to the earlier judgment in the matters of Ajmal Kasab. On the other side it is impossible to take decision on fixing the time limit for President’s pardonable.
During 1999 I was working as a Shift Executive in Special Plate Plant, a unit of SAIL, Rourkela Steel Plant, a Government of India Undertaking. There was absolutely no discipline in the plant. The Union people were moving like unbridled animals. The senior officers pressurize the shift executive to impose discipline in the plant. The moment there was resistance from the workers side, the HOD and all senior officers held the Shift Executive responsible. The performances of the Shift Executive was rated very low and kept on records. In the event of any disciplinary action initiated from the Shift Executive side, the Union people and the HOD join hands together and put the officer in embarrassing position. The senior officers and HOD instead of standing by the shift executive were running away from the scenario. The HOD was trying to be popular as if he were to fight an election. Few branded rouges were running away from the plant regularly without doing any job in the full knowledge of the departmental boss. All the senior officers were absolutely helpless and the situation was completely beyond their control. About these creatures, I had only one feeling that what good deeds they had done in their past life so that they were bossing over me and what misdeed I had done so that I am required to work with in their command.
One fine morning at about 7.00 A.M, in A Shift, I found only 5/6 persons as against the attendance of 40 and odd persons. I had control over none but I was answerable for the acts of each one of them. I was amidst my own thoughts and trying to find out if there is any escape about it. The mind cried out aloud “A circular has come inviting applications from those willing to take voluntary retirement”. Hurriedly I walked up to the notice board. Though I qualified for V.R., I had to think thrice on the subject. At that time more than seven years were to go to retire. My daughter was doing MBA and son was to take admission in Engineering. Financial position of the family was not good. Major earning was coming from the salary. I was standing on a cross road. The decision to quit the job may be suicidal. My brain further dictated:-“My decision stands”. I tendered my resignation. I calculated that if I avail my leaves I may have to work for two days only and on the last day I may have to come to say good bye SPP .
As far as Judiciary is concerned I remember Justice Sri Jagmohanlal Sinha. He dared to set aside the election of Smt. Indira Gandhi with out caring what might happen to him and might not happen to him. He stood by justice and by his judgment and will be remembered for ages to come.
In a training session a speaker said once a man has crossed 54 (when the retirement was 58), it is better and unwise to attempt to make him disciplined. This is so because he has already mastered the undisciplined way. By applying the procedure for disciplinary action, even if he is straightened, very less time might be left so that the plant or the organization can derive benefit.
Under the circumstances it is better to straighten myself. It was a costly piece of lesson which helped to stand by my decision. To do justice to himself the British emperor offered to kick off the crown when the Parliament did not permit him to marry a girl not having royal blood. Under any circumstances, if one feels that he is not able to do justice for which he stands, for a person having self respect it may be better to quit.
As far as Mirchi is concerned I feel the decision may go in Kasab’s way. If this repeats the helplessness will reappear. It will be ideal to expose all those who are responsible for non-execution of the order.
Few more interesting points to be shared:-
1. Five judges of Andhra were suspended while copying in the examination.
2. Tainted judge Mr Dinakaran took oath as the Chief Justice of Sikkim.
3. 75% people do not have faith in the Judiciary system & 81.1% people are of the opinion that judiciary is corrupt:- study
by ‘DAINIK JAGARAN”.
4. Starting from Pandit Nehru, up to Smt. Prativa Devi Singh Patil, all have said that reforms are required in our Judiciary
system and many others will say in future.
Pl Note: Purely my ideas and have no intention of offence to anyone.
Regards DK
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