The Amazing Judgement

We have seen High Courts giving judgment of sending  persons to jail, converting death penalty to life imprisonment and sometime even letting convicts off due to lack of evidence. We have seen cases dragging on for years all together and sometimes even to the next generation and there is usually a big back log of cases in various courts. Even Supreme Court is not above all this. To top it all there are cases where even after decision of the Supreme Court the government is yet to implement those decisions. Our Judicial system has also at time been accused of favoring the government in power and there are instances of corruption at the highest places. The curious part is that of the cases of corruption against judges are also being heard by them only. The most curious case is that of Judicial Accountability where the Supreme Court was hearing the case in the vacation time to decide whether the judges have the sole responsibility of appointing the future judges or the government or public at large has a say in it also. There have been instances where the judges much after they demitted office have admitted to being wrong during their tenure as judges and regretting. Take the case of right to die. The Supreme Court changed its decision thrice and still the right to die is not settled yet or the famous case of imposition of emergency (the Habeas Corpus Case).

The most amazing judgment in my opinion and which will be a landmark judgment and may become a game changer is that of what the Allahabad High Court, which is famous for its bold, innovative judgments, gave a few days back. Yes I am referring to the judgment where the lordships  passed an order that the wards ( sons and daughters) of MLA, MP, Judges and public servants should study in government run school and if they choose a private school then a 20% cut in pay will be done.  The public servants will definitely call it as an invasion to their privacy, their right to educate and choose school for their children, etc., etc. and may even label it as judicial activism and going beyond the case and encroaching on the authority sphere of the executive. The blame game and trying to find escape route will go on and it will be challenged in the Supreme Court also but what they cannot even deny is that it is one of its kind judgment or what we may call a true social judgment.

It is not only a judgment which is a step towards eliminating the class barrier but also in the direction of right to education by giving all persons the same kind of education. It is a step forward in creating a class less society and also ensuring that all children get the same education irrespective of whether he is from a poor or rich family. It is another matter that the quality of facilities and education imparted in a majority of government, corporation school is rather poor. But if the facilities are bad or quality is bad, then it is these persons whose children should study in these schools, are responsible for these poor conditions. Now at least they will pay attention and try to improve the quality of facilities and education in these schools since their own children will be studying there. Thinking from this point of view it is an excellent judgment and all praise for the Judges who gave it and for their foresight.

I was also in Government service and due to my very frequent transfers during my short stint there my children had to study in Central Schools and I have till now never regretted and I am sure my children will also agree with me as they are doing good in their life and are successful and are proud to have studied in Central Schools. It is another matter that at two places I had to pitch in as well as some of my fellow officer’s wives due to shortage of teachers in that particular subject but we never regretted it and enjoyed being with them.

Another landmark judgment of Allahabad High Court was when they ordered the demolition of the illegally constructed twin towers constructed by the builder Supertech in sector 93 -A of NOIDA. It was the first judgment of its kind in India and has become another landmark judgment which will benefit a lot of persons. As usual it has been challenged in Supreme Court where the hearing is still going on.

I hope that Allahabad High court where my father, brother practiced and even sat as a judge and where my son and daughter in law are practicing will keep up its reputation of giving such bold, innovative and social judgments. Allahabad High court I am proud of you.