'Executive trying to take over judiciary'

Karnataka high court judge says the executive is trying to regulate and take over judiciary even by corrupting it

GN Bureau | January 27, 2010


Justice Shylendra Kumar of Karnataka High Court
Justice Shylendra Kumar of Karnataka High Court

The Karnataka high court judge who took on the Chief Justice of India on the issue of declaration of assets has trained his gun at the executive now.

In his Republic Day greetings, the judge, Shylendra Kumar writes in his blog post that “a vocal and aggressive Executive Government is attempting to regulate and take over Judiciary, even by corrupting the Judiciary”.

Kumar further writes: “Inept and corrupt Judiciary is playing second fiddle to the Executive. It is only the legislature albeit corrupt, rudderless and inefficient, has nevertheless on an occasion or two, that has adhered to its assigned role, has occasionally flashed sparks of brilliance by competent performances, is holding out a ray of hope!”

Kumar is unsparing in his criticism of the system put in place 60 years ago, the day we adopted the constitution. He says the governing systems have thoroughly and miserably failed, adding: “I say we have failed ourselves. I say, we have failed every leader/freedom fighter of our country who without a second thought sacrificed their time, livelihood, comforts, property, their limbs and even their lives for securing freedom for our people, by liberating our country from the yoke of foreign rule.

“We are losing our values, we are mortgaging our country and interest of the people to the dictates of the developed countries. A hard fought independence achieved by the great sacrifice of millions of our countrymen during the freedom struggle is being frittered away for the private gains of political leaders and political parties.”
Commenting on the judiciary, he writes: “I am of the opinion that amongst the three organs of the State, Judiciary has to take the major share of the blame, as the Judiciary by not being alright and upright by itself, has failed to check and keep the other two organs of the State in control and in the right mode.” 
The only good word that he has is reserved for the common man. He writes: “Though all three organs of the State have miserably failed in playing their respective roles, the real hope and strength, is emanating from the goodness of the common man of the country, the right values the common man of the country has, a nascent, intrinsic perception of rights and wrongs, which is imbedded in the psyche of every citizen of this country, that sustains an optimist like me.
“I have full faith in all of you, in the tremendous response you have been showing to all right moves and frowning upon all wrong moves and disapproving them. There are good, competent, brilliant persons serving in all three organs of the State. Persons who are dependable, persons who are capable of competent performance and play their role very correctly, to the hilt, persons who can deliver goods and take our country to great heights are in good number. Only they are all either not properly organized or not visible.”
 

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