Deriding statutory bodies amounts to their contempt

Of late, it has become fashionable to brand the statutory bodies such as the Enforcement Directorate (ED), Central Bureau Investigation (CBI), National Investigation Agency (NIA), and Income Tax (IT) as the puppets of the ruling party which are let loose on the opposition leaders to settle the political scores. Such rhetoric is often dished out by the real culprits mostly caught by these agencies red-handed.

One can understand if a totally "innocent person" is subjected to the gruelling investigation process as result of which he suffers loss of reputation and physical harassment for no fault of his. But it will be indeed, a fabricated lie to contend that one is harassed or defamed just because he is so and so in an opposition party, though he might be deeply immersed in the criminal activities! Unfortunately, as the age of our democracy advances year after year, the evils such as corruption, bribe and kick-backs also increased by leaps and bounds. The rot has mincingly spread over all the three pillars of democracy namely, Legislature, executive and Judiciary. In fact, ahead of the 75th Independence Day it will be appropriate to have introspection into the working of democracy.

Apart from branding the state instruments as puppets, the vision-less leaders also indulged in the onslaught of democracy by their unruly behaviour in the Parliament and Assemblies. We hang our heads in shame when at the cost of public money the so-called representatives of the people indulged in abusing, insulting and assaulting each other in the august Houses. And there is no surprise for their behaviour because about 40% of 'Honourable' Members of the Parliament have 'criminal' background, some having charges of them like murder, loot, dacoit, rape, kidnapping.

But what is still more baffling is that no statutory mechanism has been developed by the elected representatives to ensure the orderly proceedings of the Houses. This is not an impossible task because these elected representatives are the 'Law Makers'. When day in and day out a plethora of laws are enacted varied or repealed for ensuring the orderly government administration, what prevents out hon'ble members to regulate by law their own behaviour in the Houses! Coming back to the evergreen allegations on the statutory authorities as being the hand tool of the government, strictly a legal view, when taken, would attract the offences of defying the authority of the elected government, spreading displeasure about the government and its lawful arms and thereby attempting to shake confidence of the people in the government.

If the big fish is let off for reckless contemptuous allegations against the government instrumentalities, not only the credibility and respectability of these administrative machines would get a setback and will be viewed by the public in lower esteem, but also such a trend would encourage other petty offenders to behave in a similar manner. It hardly needs to be underlined that more than the stringent provisions of the law the fear psychosis created in the minds of the lawbreakers yield the desired results.

• CJI N V RAMANA FAVOURS SECOND IN LINE AS SUCCESSOR

The Chief Justice of India N V Ramana has recommended to the Union government the name of Justice Uday Umesh Lalit, the second senior judge of the apex court, as his successor.

This follows the request by the Union Minister of Law and Justice to the CJI to

recommend the name of his successor. CJI Ramana is due to retire on August 26.

• SC ON ENTRIES IN BOOKS OF ACCOUNTS

In a significant order dated August 1 the Supreme Court has observed that the entries in the books of accounts and other financial statements such as the Balance sheet of a company can be treated as acknowledgement of liability in respect of an outstanding debt to a financial creditor.

The bench comprising Justice Indira Banerjee and Justice J.K Maheshwari, delivering the said order in a case titled, Asset Reconstruction Company (India) Limited Vs. Tulip Star Hotels Limited also clarified that an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) would not be barred by limitation, on the ground that it had been filed beyond a period of three years from the date of the loan account of the Corporate Debtor as NPA, if there were an acknowledgement of the debt by the Corporate Debtor before expiry of the period of limitation of three years. In such a case the period of limitation would get extended by a further period of three years.

• IN UP 841 GOVT LAWYERS DISMISSED EN MASSE

In a major shake-up, the Yogi Adityanath government in Uttar Pradesh on August 2 dismissed 841 government lawyers with immediate effect. The services of all public prosecutors appointed in the Allahabad High Court have been terminated.

According to the government order, 505 State Law Officers from the Principal Bench of Allahabad High Court and 336 Government lawyers from the Lucknow Bench of the High Court have been discharged from their duty.

The state government has also removed Additional Advocate General Vinod Kant as a part of this exercise.

• TS HC STREAMLINES ADMINISTRATION

Soon after assuming charge as the Chief Justice of Telangana High Court, CJ Ujjwal Bhuyan has focussed his attention on streamlining the administration not only in the High Court but also in all the subordinate courts. The initiative has been received well by all stake holders as well as the general public who have to visit the courts quite frequently. The measures initiated include, keeping

a fully equipped ambulance with requisite personnel stand-by round the clock in the High Court premises, regulating entry of vehicles so as to ease congestion, putting in efforts to clear the backlog of cases at all levels of judiciary, ensuring judicial discipline in matters such as attending the court with punctuality, making available CA copies in a timely manner; etc.

Hope, this exercise would become an on-going feature with the judicial administrators.