Attacking a constitutional authority and casting aspersion by a Cabinet minister is unheard of. There seems to be an attempt to tarnish CAG. Surely either CAG is wrong or the Minister, the case so far suggests that the minister is playing his little political game, its about fixers. Kapil Sibal’s position has become untenable. Instead of strengthening institutions and creating mechanisms for transparency the Government seems to be playing for immediate political gains. It may have worked for many decades and surely have filled up the Swiss account of many politicians (including opposition parties who ruled before, bureaucrats, media and so on) but not now. Union Cabinet, I read, is headed by the Prime Minister, so at the end of the day he is responsible. Manmohan Singh is turning out to be not only incompetent but grossly insensitive.
It was suggested by Venkatachaliah Commission way back in 2002 that Judicial Appointment need be transparent and correspondence on these matters should be made public. It recommends setting up of National Judicial Commission that looks into appointment of senior judges (the removal procedure of judges and definition of contempt that is used are all matter of grievous implications). There need to be a system wherein procedures are in place and is able to select judges with impeccable credential to higher court. Why the subsequent Governments didn’t heed to the recommendations of this Commission all these years this blogger as a citizen of this country want to ask? It is sickening these lackadaisical approaches. There are serious allegations being made against none other than the former Chief Justice. It is amazing that a matter of such grievous nature doesn’t seem to be moving the power that be. It goes without saying that the credential of Judiciary particularly at the level of Supreme Court should be above even any hint of misdemeanor.
The Law Minister recently expressed concern over outbursts by former judges in the case of Binayak Sen, wherein there is a clear miscarriage of justice not only at the level of allegation but also the misuse of term ‘sedition’. Will there be any compensation for his suffering? Or for that matter all the detainees waiting for trial across the country? What measure will be taken to the incompetence of the judges at lower court, in case this is overturned by higher court (which is quite likely)? Will the judge be arrested for blatant misuse of power?