Another letter

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A couple of pertinent, lawful and judicially-ordained points have been raised by four honourable judges of the Supreme Court. In a letter sent to the Chief Justice, they have demanded a judicial review of an impugned piece of legislation, which is now in vogue, before going on to implement the salient features under its purview. The point under debate is the controversial 26th amendment against which petitions are in the dock. But the twist was evident as the top court plans to go ahead with the appointment of eight new judges and that too by convening an early JCP meeting, on February 10, before the petitions against the amendment could be heard. The senior puisne judge and three of his Brother Judges are well within their right to seek for a legal interpretation, as any haste on this count is tantamount to eroding public trust in the superior judiciary.

The letter, which has come close on the heels of another letter from IHC, also draws attention towards the exigency-laden transfer of judges to the high court. It also laments the executive's audacity to name one of the junior judges as chief justice of the high court by superseding the established seniority as was the case at the apex court. Thus, what is desired is that a full court is convened to hear the petitions on the 26th amendment, and then, on its veracity, the law is either implemented or repealed on merits of judicial review. The inordinate delay in hearing the petitions against the amendment and the preemptive moves of appointments give credence to the claims that there is a conflict of interest that is delaying the adjudication of the matter, and the judiciary is being dissected and maneuvered for reasons of political expediency.

Attempts at undermining the judiciary and putting it under the executive domain are unfortunate and contrary to the spirit of the Constitution. Likewise, the tendency to scuttle the seniority of judges will breed more discontent, and damage beyond repair the independence of judiciary and also the rule of law and democracy. The letter, like earlier submissions, is in need of being heard in all sincerity.