The law of the land

It is often said that the three pillars of democracy- the Judiciary, the Executive and the legislature are expected to work independent of each other. Yet the political class is often accused of interfering and influencing the working of the executive while the Judiciary has been labeled pure and working independently. And it is an accepted norm without asking any questions.

Yet the Anna Hazare drama that unfolded in the last two weeks has exposed many a indications where rules and regulations have been overridden setting new precedents. It raises just one question – is this how the Judiciary works behind the scenes away from the public glare?

The first glaring role of the Judicial Magistrate was when the Commissioner of Police arrests Anna Hazare who threatened to go on a fast; he had been arrested even before the fast began. The Judicial Magistrate not only accepted the arrest as being under the rule of law, but went on to order a remand of seven days under Judicial custody.

There is no law of the land that any person can be arrested for going on a fast. Yet this arrest has taken place and reported widely not only in India, but the world over, and yet the vigilant Supreme Court or even the High Court does not take any suo moto cognizance of the illegality committed by a lower Court.

Comical does it seem that the same court which thought it necessary to keep Anna Hazare under Judicial lock up for seven days, reverses its own order in the evening and orders his release from custody. The entire exercise makes one notice how the police and the judiciary have acted on commands of the politicians.

Have our judiciary and police – the two pillars of democracy become used to so unconstitutional governance that they have become a willing tool in the hands of the political masters. Doesn’t this speak volumes of our country’s democracy?

 It is inevitable that the Anna Hazare movement has taken shape into a people’s movement. The Congress government does not realize even now that the Jan Lokpal Bill has been set aside and it is the resentment against the government that is being vented through this movement.

The government may argue that the Lokpal Bill initiated in Parliament has scope for improvement. But the public is far ahead in its thinking and may ultimately ask for new representatives in the Lok Sabha.