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| Justice is heart of democracy, freedom, liberty heart of rights- Azad | | Baig seeks J&K representation in Supreme Court | | Srinagar, July 29 -Quoting the saying of George Eliot “that Justice is like the kingdom of God it is not without us as a fact it is within us a great yearning”, the Chief Minister Ghulam Nabi Azad said that the process of law is constantly challenged by developments in society and hallmark of an effective and responsive judicial system is the ability of those who are part of the justice delivery system in meeting challenges keeping in mind that the heart of the system is the integrity of an individual consistent with community interest.
He said “we are a country of over a billion people. We are a multi-religious, multi-cultural, multi-linguistic and unfortunately caste ridden society. At any given point of time, there are conflicting competing interest. The executive, keeping in mind these competing interests, and the aspirations of a complex society initiates legislation which in legislative chambers, through a process of dialogue, is mooted and passed”.
He said the judicial system has the constitutional imperative to test such legislation on the touchstone of the rights of the individual and the larger interests of the community. The end product of the ensuring judicial debate is decision making.
“Enshrined in the constitution are concepts difficult to define. Equality is at the heart of justice, yet difficult to define. Justice which is at the heart of democracy is also difficult to define. Justice which is at the heart of democracy is also difficult to define. Freedom and liberty at the heart of individual rights are concepts also difficult to define. In the ultimate analysis, I can’t help, but quote what justice Learned Hand said “Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it. “ In that sense, it is the community and its interests that keep our democracy alive”, he said.
“It is the will of the people and the burning desire in their hearts that keeps our system alive. In some senses, we are but instruments in that great enterprise, wherein the people give to themselves, a constitution at the heart of which is the judicial system which delivers justice without fear or favour, he asserted.
He said that we should ask ourselves a question, “whether our courts and our judicial system ahs delivered and whether our people have confidence in the fairness of the justice delivery system? When the High Court was set up 75 years ago, that is destined to deliver justice must have been a cherished goal. Have we achieved it? It is time today to introspect and attempt to find answers to these questions and solutions for tomorrow, if the answers are unsatisfactory, he added.
“The administration of justice is, I believe a joint venture. It requires the executive to give primacy to the judiciary by strengthening its hands, allow it to equip itself with men and means in the performance of its functions. The responsibility of members of the judiciary is to ensure that the justice delivery system is pure, untainted by extra judicial considerations, inspires confidence in the hearts of the common man and evoke respect in the minds of ordinary folks,” he said.
He said that there was a time when the executive had a hand in the process of judicial appointments. The law as interpreted by the Supreme Court in 1993 changed all that. He said “that decision represents in a sense the desire of the court to perhaps embrace a more effective system of judicial appointments. “It also represents a tendency in courts to wrest the initiative from the executive in the hope that they can do this better. History alone will tell whether such endeavours are consistent with our constitutional scheme”.
He said, “we applaud the judiciary for cleaning the polluting environment, just as we have reservations about the long arm of the judiciary in matters in which parliament and the legislature alone are constitutionally charged with the responsibility to act. “Right knows no boundaries, and justice no frontiers” is what justice Learned Hand said. But in the complexity of societal interactions rights must have boundaries and justice must demark it frontiers”.
. He said, “I am aware that the judiciary is cognizant of this problem. Today is the day to celebrate our onward march in the cause of justice. Today is the day to rejoice in the strength of our democracy, a day to remember that 75 years down the road, our judiciary still inspires people to knock at its doors for seeking what is just, fair and reasonable. Sometimes justice is blind, but is has sophisticated listening devices. As long as the antennas of these listening devices are always sensitive, justice will never be blind. The successful march of democracy will continue to inspire us and at the heart of the democratic process is the justice delivery system. This High Court, the first of its kind established in India symbolizes that march. Only a strong, vibrant, independent and responsive judiciary can keep democracy alive”, he maintained.
In his eloquent speech, Deputy Chief Minister Mr. Muzaffar Hussain Baig described judiciary as a candle of hope and cradle of faith. He said when all other institutions in Jammu and Kashmir were subverted, judiciary held its feet firmly on the ground. He expressed gratitude to the J&K High Court for its role in overcoming platitude of public life. He said the High Court with taking up of issues pertaining to Human rights and Environment; people have come to realize that they are a part of the great republic.
Mr. Baig requested the Chief Justice of Supreme Court for posting a permanent Chief Justice of the J&K High Court and filing the vacancies of the judges of the High Court. He also pleaded for getting one member form Jammu and Kashmir on the panel of judges of the Supreme Court.
Quoting Justice A S Anand, “Justice should be like a stream. It should flow free and pure”, the Deputy Chief Minister, who also holds the Law portfolio, said the judicial fraternity ought to move ahead and meet the challenges of modern times. He said the judiciary should come up as a responsive and sustained institution free from the hassles of cut throat competition and procedural wrangles.
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