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Political Notes

	December 17, 2007

Supreme Court overturns judicial ‘over-reach’ order



The Supreme Court on Thursday, Dec. 13, dispelled the impression on judiciary over-reach in public interest litigation (PIL) cases created by a judgement of a division bench earlier in the week that raised the issue of judicial over-activism. A three-judge bench headed by Chief Justice K.G. Balakrishna said that the court was not bound by the order of a two-judge bench of Justices A.K. Mathur and M. Katju. The division bench had stated that the apex court in several judgements in the past had strayed into terrain that belongs to the executive and the legislature.



The Chief Justice’s observation came while entertaining a PIL relating to the condition of widows in Vrindavan and Mathura. The court also issued notices to the Centre and the Uttar Pradesh government.



The two-judge bench’s order was touted by a section of the political class as course correction by the judiciary. This attack found its expression in Parliament after the court passed strictures against the West Bengal government for violating human rights in the state.



In an order on Monday, Dec. 10, a bench comprising Justices Mathur and Katju had said the judiciary must refrain from encroaching on legislative and executive domains, lest it boomerang with the political class stepping in to clip its wings. “If the judiciary does not exercise restraint and over-stretches its limit there is bound to be reaction from politicians and others. The politicians will then step in and curtail the powers or even independence of the judiciary. The judiciary should, therefore, confine itself to its proper sphere, realising that in a democracy many matters and controversies are best resolved in non-judicial settings.”



“We are compelled to make these observations because we are repeatedly coming across (instances) where judges are unjustifiably trying to perform executive or legislative functions. In our opinion, this is clearly unconstitutional. In the name of judicial activism judges cannot cross their limits and try to take over functions which belong to another organ of state,” the two-judge bench said.



The judges quoted many examples where judiciary had encroached upon the turf which was unwarranted. The Jagdambika Pal case of 1998 involving UP Legislative Assembly and the Jharkhand Assembly case of 2005 are the two glaring examples of deviations from the clearly-provided constitutional scheme of separation of powers, the two-judge bench said.



It further said the Delhi High Court order banning interviews of children for admissions into nursery class was illegal as there is no statute or rule which prohibits such interviews.



The observations came while the bench was deciding a case which had challenged the Punjab & Haryana High Court order directing creation of posts of tractor drivers to accommodate two gardeners employed on daily wages at a golf club run by the Haryana Tourism Corporation. The apex court setting aside the order said it was beyond the jurisdiction of the high court.



Parties like the CPI(M) have been maintaining that a number of judgements by the Supreme Court had overturned verdicts favouring the workers and “curtailed democratic rights and collective action.”



Following the judgement of the two-member division bench, several High Courts and even a bench of the Supreme Court comprising Justices S.B. Sinha and H.S. Bedi refused to hear PIL cases. They said they would like first to get guidance from the Chief Justice on dealing with such cases.



Deoband fatwa against terrorism



In a significant pronouncement, Asia’s leading Islamic seminary and authority on Islamic tenets, the Darul-Uloom of Deoband has issued a fatwa denouncing terrorism and said it should not be equated with jihad (holy war).



The fatwa, issued on Friday, Dec. 14, says that even in times of war, targeting places of worship, hospitals and educational institutions and killing innocent people was against the tenets of Islam.



“Jihad’ signifies a fight against evil while terrorism is aimed at killing of innocent people. The two have nothing in common and one must not confuse terrorism with jihad,” said Mufti-e-Azam Maulana Fazlur-rehman Hilal Usmani, a senior cleric of the conservative seminary.



The fatwa was issued in response to a query posed by film lyricist and writer Javed Akhtar. The Mufti termed terrorism a “heinous crime” against humanity. “According to Islam, killing of an innocent is equal to killing of the entire humanity. Some fanatics are bringing a bad name not only to Muslims but also to Islam under the pretext of jihad,” the Maulana said.





Godman Chandraswami allowed to travel abroad



Godman Chandraswamy, once righthand man of late Prime Minister Narasimha Rao, is all set to hit the headlines again. Fallen from grace and still struggling to fend off nearly a dozen cases, Chandraswami is hoping to turn a trick or two and attract patrons as they did when his name cropped up in every notable scam and piece of political skullduggery in the national capital.



Notoriety is no disadvantage in Delhi’s corridors of power. But it is a crime to be caught as Chandraswami when the law enforcement authorities closed in on him. But now after stints in jail, where he apparently came in for some rough treatment, he is now looking to some personal liberty: the courts have lifted their ban on his travels.



The globe-trotting swami who read the destinies of the poweratti, but could not alter his own, is now eyeing travel to UK, Europe, West Asia and Mauritius in response to the “love and affection” of his friends and followers. While it remains to be seen whether he will get the travel documents, the swami is ready to take his chances.



“I have visited 118 countries. I have well-wishers everywhere,” claimed the controversial godman in an interview given to a prestigious Delhi-based newspaper. The court has allowed him to travel abroad for just a month so his options might actually be limited.



Originally Nemi Chand Jain, he is facing trial in 11 cases of FERA/FCRA violation and the stipulated penalties on him could well run into millions of rupees. The taste for the political has not deserted him. He seems to take a dig at Congress when he says, “There is no politics in India today. Sirf raaj hai, niti nahi (It’s only powerplay, no policies).



Nepotism or vanshawaad has bogged down almost every party. It is so much like monarchy - son succeeds father. It is unfortunate.” He then clarified that this applied to other parties too.



Rapping off words with the confidence that is essential to his trade, Chandraswami said a 140-day Shanivakriya dasha would start from December 19 leading to political instability, Lok Sabha polls were imminent by mid-2008.



If his time at Tihar took some of the sheen of his image, in his heydays, Chandraswami, now 57, had the ear of politicians like P V Narasimha Rao and Chandra Shekhar and Romesh Bhandari. He claimed acquaintance with the Sultan of Brunei, Bahrain’s ruler and Hollywood star Elizabeth Taylor. But Pamela Bordes, Nina Pillai and Bina Ramani accused him of defrauding them.



According to him, democracy, as reflected in people’s power, would take care of India’s troubles. “People’s feelings (janbhavana) mattered when Lord Ram was king. Democracy worked in Lichchavi era too,” he said.



It is again easy to guess that he feels the bar has fallen off late. “Gujarat will see people’s victory,” Chandraswami said enigmatically. Suggesting more than he says, the swami is clearly hedging his bets.