B L Saraf
Benjamin Disraeli , speaking in House of Commons in 1851, said “Justice is truth in action.” For us the Truth at the moment is that most people in J&K are desperate and helpless. Made so, essentially, by their earthly masters and partly by the elements in Nature. Our High Court seems to have recognised this truth. The way it is dealing with the after effects of the recent flood fury in the State and is trying to come to the rescue of the devastated population, meaning of the Disraeli’s words comes alive in flesh and blood. In the sensitivity shown and humane approach adopted by the Honourable Court we have a glimpse of a rare aspect of justice delivery system revealing itself. Justice is, indeed, on roll.
Call it judicial activism. A welcome development, by all means. Though we have seen it in 2005, also. Rather than making a sufferer of the floods to wait in a long queue to claim compensation from various state or non -state organisations, payable under law and then come to the courts, doors have been, rather peremptorily, thrown open to the new avenues’ of judicial redressal. Jeremy Bentham must be pleasantly smiling in the grave as his Dog’s law Theory is getting reversed, which, rather, detested the entry of law after the even had occurred. A concern for the cause of justice is well and truly discernible. This is quite in contrast with the concerns that are being voiced in some quarters about the delays in disposal of cases and cost of obtaining justice.
Floods have taken lives in thousands, made life miserable for lacs of the people, degraded the quality of life and denied opportunities of healthcare, safe drinking water and fresh air to the multitude of people. Basic human rights of the citizen have come under the debris. In this situation, the benign intervention of the honourable High Court is very appropriate and timely. Moreover, it is indicative of its concern to protect basic human rights of the living person and , at the same time, shows that Court is alive to its Constitutional mandate. In the minds of those affected by the calamity, the move of the Court makes a favourable impression. Particularly so, when they contrast it with the lethargy, indolence and criminal negligence of the political executive of State which got manifested in the wake of humongous tragedy.
In order to mitigate the distress of the affected, the Court has jettisoned the “adversarial” attitude and adopted “quest for justice” approach. Match making between law and justice is on.
Law may be a legislative act , but it will mean nothing unless made functional. Here, we see law functioning. It is heartening to note that in this endeavour senior lawyers, mtoo, have chipped in with their legal acumen and vast professional experience. Their role, as such, has also to be acknowledged .
Prompt and appropriate action initiated by the High Court under the leadership of the Chief Justice, should answer those cynics who often criticize judiciary for usurping the domain of legislature and the executive. It is true that in a democracy the legislature and executive are said to reflect the aspirations and needs of the people as they are elected for the purpose ; hence, are expected to come to their aid in crisis. But often we see dereliction of duty on their part: invariably their decisions or inactions are influenced by their chances at the hustings. In this situation any further delay in providing relief to the needy would defeat their inalienable basic right. After all, human rights are for the living . “Inalienable rights can never be enjoyed posthumously” says Ralph Binnche-1950 Noble Prize winner for peace.
The State legal Services Authority has also stepped in, with a vigour and matching sensitivity, to help the distressed. The effort has, also, been appreciated by the public.
This highly appreciated judicial push, given by the Honourable Chief Justice, to the relief and rehabilitation measures for the flood sufferers has given hope of speedy relief to the thousands of sufferers of other tragedies whose compensation cases are still pending-like those who lost everything in the Valley in 1990s due to the militancy. More power to the efforts of the state Judiciary !
(The author is Former Principal District & Sessions Judge)
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