Judiciary of any country in the world is supposed to be free from any restrictions enabling it to discharge its function judiciously and in a measure that is fully impartial. Chief Justice of India, S.H. Kapadia, highlighted, only the other day, the factor that governmental agencies should keep off intervening in court matters. Law is supreme, and it has to be honoured as such at every level, that’s okay. What actually counts more is the fact that Law is something which has nothing of its own, as it is noticed only when it is implemented. In fact, what we talk of the Law is really not the Law but the very implementation part of it, and the implementation part of the Law lies in the hands of individual human beings, who can never be taken as fully away from their fancies, emotions, prejudices, likes, dislikes, favour, disfavour and even greed for extra money, ‘To err is human’ and they are after all humans only. ‘Law is blind’, it is said, but not the law makers or those who implement it, all of whom do suffer from the weaknesses of an ordinary individual self. Once an individual self is involved, element of neutrality is lost, and committal of acts like corruption, nepotism, favouritism and prejudice start taking place.
Mamta Banerjee, Chief Minister of West Bengal, passed a remark few days back pointing out that law is something that can equally be purchased. It created a big furore. If this remark is read in conjunction with what practically is happening in different places including courts in the country, what is hinted at by Mamta Banerjee can’t be just brushed aside. Let, not the Law but but it’s practitioners, behave themselves and prove to the world that they are the ones above board.