Should Chief Justice be Above Law?

Should a Chief Justice be considered above law even if his order brings millions of honest citizens at the verge of starvation or dark future, and help a few builders to rake billions of of rupees? The issue was debated in a section of media recently.

Does we need a constitutional amendment to make even the high and mighty of the country to be accountable to the country and its citizens. As they are at their posts for the welfare of the society and the country. Therefore they must be more accountable than a common citizen. Corruption in judiciary has ruined the life of many.

If you steal a bread there is a law that can send you to jail. A poor person has to spend years in jail even if he is found 'not guilty' by the court. A poor person is unable to engage a good lawyer or arrange a bail amount to go out of jail. There are innumerable instances that many innocent persons have to spend even 10 or 15 years in jail. The court finds that they were falsely implicated, but the culprits who sent them to jail are rarely punished. Even the released innocents are not given any compensation.

But the powerful persons can be seen roaming on the roads without fear even if they commit murders. Especially high profile persons in politics and judiciary are above law.

In the eyes of court even if you say something against a retired Chief Justice you can be sent to jail. Your concrete evidences will not be investigated. You can not dare to speak the truth. Your constitutional and democratically rights are crushed and thrown into a dust bin to save an alleged guilty. (Reference: Recent contempt of the court case against Mid-Day journalists).

Sometime back reports with enough evidence were published in the newspaper accusing Sh. Sabharwal that he ordered sealing of commercial establishments in Delhi to promote the business interests of his two sons who are big builders and constructing a large number of malls in Delhi. According to the newspaper report, to help his sons (or may be other builders) ex-chief justice passed an order which could help his sons to sell commercial spaces at high rates and amass wealth quickly.

It is well known that the order of sealing in Delhi brought millions of people at the verge of starvation, hitting their livelihood. There was no mercy for the poor or honest citizens. Many prominent citizens showed fear that this order could increase crime and unemployment in the city to unmanageable proportions. Still Sh. Y.K. Sabharwal pushed his order of sealing again and again. Instead of chasing the criminals the police force were diverted to hold the common citizens from saving their livelihoods. City government department MCD got busy in destroying instead of building. Shamefully Indian press acted more cowardly than it did during British rule.

To control the damage to some extent the leaders woke up and announced some mixed land use areas in the city. But not with a dangling of a heavy yearly tax-sword on the head of the victims.

Read Shocking Tehelka Report

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