In any society governed by the rule of law, it becomes imperative that those who govern are made accountable for any breach of law and infraction of any kind whatsoever. When a country claims to be based on democratic set-up, all the four pillars (Legislature, Executive, Judiciary and Media) are to be equally respected. Laws are made by legislature, executed by Government which is called executive and judiciary works as watch dog to ensure laws are implemented while as media brings into focus before people what is happening around.
General opinion amongst public is that justice delivery system is failing on many counts. Broadly speaking reasons for failure or at least delayed justice are as follows.
1.Sufficient judges from lower ranks upto highest court are not available thanx to political wrangling.
2.Executive is not bothered to ensure rule of law which would have otherwise reduced litigative pressure.
3.Court orders are not taken as seriously as they should be taken hence grip of law slips out slowly.
4.Courts are not taking contemptuous conduct and attitude of those who commit contempt seriously and vigorously which is causing serious dent to the whole system. If not checked the whole edifice might collapse under its own wait in near future.
5.Last but not the least focus on integrity needs more attention at the time of appointment or elevation.
Though Bar has repeatedly brought the non-serious or slow process of prosecuting contempt-makers to the notice of the court but practically no serious steps were taken in this behalf till date. Thanks to the present Chief Justice Ms Gita Mittal who has sent a serious signal to Executive on 25th November while hearing a case and pointed out that 4000 contempt petitions are pending which if not addressed by concerned court will take serious action against concerned. This signal seems to have been taken seriously and present Chief Secretary has vide circular dated 29.11.2018 directed all administrative Secretaries to review all contempt matters pending against them on priority. I wish honble chief justice directs sub ordinate judiciary also to take up contempt petitions on priority so that people on ground will feel the force of law. That is really needed if we have to ensure system survives on its own strength. If only few hot headed and arrogant officials are sent to jail within one week half of the litigation will be reduced and people will have faith in judicial system than under table deals which they feel is the only way left out for them in the present circumstances.
Honble Chief Justice will be doing a real contribution if all contempt petitions are taken up on daily basis so that results become known to general public as fast as possible. When those who are found guilty are sent behind bars, others do not dare to violate court orders. This way the general impression created by perpetrators of the contempt will go. The attitude like `Who Bothers” must be removed from the mind of every one. That will make law respectable in the society.
(B.A.Bashir is a Senior Advocate)
babashir@gmail.com