The Ecstasy And Agony

The Ecstasy And Agony

Prayers, felicitations and all good wishes to Justice Indu Malhotra on the occasion of her richly deserved elevation as Judge of the Supreme Court of India. It is celebration time for all of us in the Supreme Court bar on that front.

But let us hang our heads down in shame, grief and remorse that her lordship is being sworn in alone and the Collegiums recommendation to elevate Justice KM Joseph is returned. It does not require the wisdom of Solomon to choose between the real reason and the purported reasons for the return.

On that front this is definitely a dark day for judicial independence and the least I would expect from the presiding deities of Indian judiciary today is to hold a meeting of the full court and the Collegium to express anguish at the turn of events and to reiterate the recommendation before they do proceed to the first court for the swearing in ceremony.

On my part I shall celebrate the day with sincere prayers for Justice Indu Malhotra and tears for the great instituition of Indian judiciary.

How else can this small, insignificant person express his anguish, sorrow and frustration against the fall of this great instituition to which we all have the honour to belong to.
We have touched the nadir now and it is our singular misfortune to have been here at this juncture of history.

I am a confirmed optimist. Better days are bound to emerge and we will bounce back.

But how soon? Will we all be there to see the sunrise? Our children may see that. But my generation !!!! I am doubtful.

The damage done already is so devastating that it may take a really long time to regain the lost ground.

Wait in patience, we shall !!

Author is a Senior Advocate in Supreme Court of India and a former Judge of Kerala High Court