[Note: this post was later published in The Examiner, a weekly magazine, dated 21st June]
Our constituion provides us with the fundamental right to freedom of speech and expression, movement, occupation, religion, privacy and other such freedoms which epitomizes the democracy that we are. Further, our constitution provides for Courts, meant to ensure the Rule Of Law and protection of Rights. But with every passing day, we see that these very protectors of rights, our esteemed judges, move forth to protect their own rights with intense alacrity. Not that thats wrong in itself, but if such protection means the denial of rights to others, then certainly it merits some inquisition. Recall Oliver Wendell Holmes famous line, "The right to swing my fist ends where the other man's nose begins."
Our judges, fairly said, have been swinging their fists quite wildly of late. The most recent case in point is of their misuse of official trips for some extra vacation time. Now every one is entitled to a vacation, especially our terribly overworked judges, but surreptitiously so, and out of tax payer's money, is certainly taking things a little too far. Thats not what Freedom Of Movement means, is it?
Our judges also actively shield details regarding their appointments, perks and what not from the RTI ambit. Whether by calling themselves "constitutional authorities", utilizing some petty technicality, or simply a plain categorical "no", our judges have defended their right to privacy most astutely. But no one is particularly happy by this resolution. The simple question that begs answer here is: "what are you trying to hide?"
Unfortunately, the more they try to ward off this unwelcome curiosity, the more it increases, quite like a leech. Our manic media will go any lengths for a scoop. And these days, the nouve` no-fear policy in our media has meant there is no cowing down to any threats from anyone, contempt of court included.
All this has meant that our judiciary, which was and argubly still is considered the aam aadmi's sole saviour from political petulance , has somewhat lost face in the public arena. The common man is disillusioned as to why his designated "protectors of rights" must throw their weight around so.
Its time for some serious introspection among our judges. They must stop denying information through these "independence of judiciary" cliches that are so often thrown at us. They need to clean up their act, address the concerns, and of course, open up their files, so that the country can see all that it wants too. Now that will truly mark the upholding of a Fundamental Right: The Right To Know!
