Sunday, July 15, 2007

Netas & their Court Cases

It’s been a long long time since I have posted anything. In fact I should probably consider myself a newbie at blogging given the time that has elapsed since the last post. Be that as it may I thought I should get down to some serious writing, at least on the weekends. So here is the second coming.

I was at some point in time, quite long ago really, a fan of Swaminathan S. Anklesaria Aiyar and his column “Swaminomics” in the Times of India. Over the years kind of felt he was losing his grip. But a couple of weeks back he came out with a gem that puts him right on top of my favourites list once again.

In the article “Ten commandments for Dr. Singh”, Swaminathan has come out with, “Thou shalt propose a law giving seniority to all cases of elected legislators over all others.”

I think it is a brilliant suggestion. More so because of its utter simplicity. I wonder why our founding fathers did not think of this simple bit of legislation. Maybe they never imagined that a day would come when the state legislatures and also the Parliament would play host to people we would rather have behind bars.

However the situation now is that there are hordes of criminals getting into politics. We even have a situation where there are people who contest elections from behind bars.
And get elected.
Obviously these gentlemen aspire to be public representatives not out of any altruistic nature or a burning desire to serve society but because it gives them the clout to stall/halt judicial proceedings against themselves.

Now if getting elected to any official position becomes a catalyst for all the pending cases against them to be brought to the front burner, then only the most brain dead of criminals would like to be involved in the political process.

I would go further to suggest that all state legislatures and the Parliament should have a fast track court established on their premises to try the worthies who have broken the law. Why should courts be located inside State Assemblies? Can’t justice be served from the current premises of the High Courts? Of course it can. Just can’t resist the idea that as Legislators enter the Assembly they can also see the Annexe of the High Court and know for certain that they can’t escape a visit to its premises if they run foul of the law.

And for career politicians who have a lot of frivolous cases registered against them, there is nothing to despair. Because all the law would say is that, “all your cases will be fast tracked and tackled by a special court”. So in case of complaints that are completely frivolous or are obviously the result of leading an agitation against some policy of the government they could also get some judicial respite. Immediately. And such a rule should be welcomed by those politicians who claim that they are being victimized.

However if the cases are serious such as murder, rape, extortion, kidnapping and other such allied activities that some of our illustrious leaders indulge in then the law should take its own course and that too bloody quickly.

I think this would be a great way to clean up the system. Wonder if there is some way in which one can achieve this.
Any ideas folks?

4 comments:

Anonymous said...

Nice idea!

--
Amit Upadhyay
http://www.amitu.com/blog/

Balakrishna Parankusam said...

Welcome back to the Blog world Mr.Nyayapati, your absence was definitely felt.

Politicians having criminal records should never be allowed to contest; but this will lead to the question,"Who will fill up the Parliament benches then"?. This is a question to which the country lawmakers should come out with hard answers and bring in a rule prohibiting politicians with pending court cases from contesting any form of public office.

But will this ever happen?

phoenix said...

Nice idea there but after the framing of the constitution, the constitution is the only nice idea that is being implemented in india. India i guess needs politicians who can do good with their corrupt or bad thinking, that requires a lot of brain but at present the politicians wisdom is limited to being corrupt only.

deepika said...

Opponents may file false cases to stop you fighting.