Hidden price tag for judicial abuse

The credibility of a system is how people friendly it is. There is no doubt that in India while the courts have been the last hope and also the one institution that does not have its credibility questioned on a daily basis , it is also one that fills the laity with awe and wonder and a kind of fear filled respect that ensures the later lives on the former. There is no gainsaying that the institution will be dependent upon its use.

The unstated corollary is that it be saved from being abused. To guard against its abuse is the unstated critical factor that would keep the system in place. It already suffers enormously from pressure. Over use is fine abuse is not.

Justice Nooty Ram Mohan Rao of the High Court in two recent verdicts the judge ensured that the system is not taken for granted. Both a tad off the usual course but surely sending a clear signal. The judge while dealing with a writ plea complaining against government lands being appropriated and sold away by private parties.

Faulting the petitioners for playing their cards too near to their hearts he pointed out their action was not in proper spirit. “They have not taken the court into confidence and disclosed as to the nature of the business which they carry on,” he said in his preface.

While the judge is known to being vociferous about public causes and ensuring against any form of corruption, he did not miss the larger picture. The judge smelt a rat in the fact that the petitioners were aware of the stated transaction way back in 2008 but he preferred to come to court in 2014.

“This leaves an impression in my mind that the petitioners in general may have entered into some kind of a negotiation with the 14th respondent (the alleged vendor) for amicably settling the matter.”

He wondered why a pubic spirited person would hibernate for six years and more. Without just voicing concern the judge took the crucial step ahead to send the right signals. He directed the petitioners to deposit Rs 25,000 each as a security.

“No party can use the forum of the court as a spring board for making illegal demands upon private party and thus making an earning out of it.”

The judge while dealing with another writ petition of the grant of social status certificates also pressed the right buttons. The judge took cognisance of the fact that benefits extended to the socially backward cannot be hijacked by others to the detriment of the original beneficiaries.

While one aspect of social status reservation is that it has not percolated to all sections, we often hear whispers of grabbers who are not entitled to a share in the cake grabbing it and biting it to the exclusion of the genuine. The judge while dealing with a writ plea by a student of BDS noticed how the slow wheels of the system often present a fait accompli.

Every time this happens the system is left with no alternative and also one genuine person has missed the chance of his life. This can be seen in the case where a girl student moved the court to permit her to complete her BDS, pending statutory enquiry into her social status as a Scheduled Tribe.

“By virtue of the pendency of the appeal, the petitioner has almost completed her course. In case the appeal is decided against her interests, there is no way the petitioner can compensate the State for wrongful gain by securing admission in BDS course against one of the seats reserved for Scheduled Tribe.”

Again as a signal sending measure the judge directed that the petitioner, “In case the State government dismisses the appeal preferred by the writ petitioner, the writ petitioner shall be liable to pay to the State government, as a measure of compensation/damages a sum which shall not be less than Rs 25 lakh for wrongfully securing admission against one of the seats reserved for Scheduled Tribe candidates, while simultaneously denying the entry of rightful and genuine Scheduled Tribe candidate.”

The judge however stopped short of what would be the case if the government had mistakenly got the petitioner through the mess. That could well have created a well crafted complete picture. However considering that the lis is not completed there is still chance to walk the road. Yes in the meanwhile the message is that if you abuse the facilities of the system, there could be a hidden cost. The ticket to system advantages has a price tag.