You are here:

An open letter to Justice Markandey Katju

Dear Justice Katju,

We have been learning to live with your preachy and highfalutin’ commentaries for some time now. We also tolerate the preachy and abominable drivel of a suitably unenlightened Asaram Bapu and his PR officer occasionally.

However, allow us to pick your scientific brains on a few issues and questions which, given your professional background and the current sinecure, should be a walk in the Lutyens’ park for you when it comes to addressing these queries. We urge you to  take advantage of the authority conferred by your experience, age and current station in life - and the wisdom that is supposed to emanate thereof – and pitchfork us all out of the cesspool of ignorance that we have been wallowing in thus far.

Here are 7 issues that have been bothering us. None of these have anything to do with malnutrition, Jurassic Park, Congress and secularism, I assure you. We wish to stick to your knitting - the Press and the Criminal Justice System.

First. We find it alarming that a person of your stature – and one who is fearless to boot – advocates such a defeatist attitude on the issue of voting. (Indians vote like cattle)

You have been quoted as  saying, "I won't vote because my vote is meaningless. Votes are cast in the name of Jats, Muslims, Yadavs or Harijans. Democracy is not meant to be run like this. Why should I waste my time in joining the cattle queue?"

PTI

PTI

Truth be told, we find your argument in support of your stated stance terribly odious, and one that is repugnant in its elegant sophistry. Instead, would empowering the citizens of the country with information so that they vote responsibly, be a better way to deal with this quagmire? For instance, there are about 900 million citizens who own a cellphone – and by sending a text they can access some vital details about the candidates contesting from their respective constituencies. Have you tried it Justice Katju? I urge you to click here to know more about this tool. It just might compel you to vote in future. While I am at it, I might as well ask for a pony for my birthday – could you, Justice Katju, request the Mainstream Media to highlight this simple sms tool when the hustings draw nigh?

I also bring to your attention this report titled “Do informed voters make better choices? Experimental Evidence from Urban India”. For a brief outline, click here. Once you have read it, I am sanguine that instead of advising us not to vote, you will start focusing on how to leverage your current position as Chief of the Press Council to herd us all [the great unwashed, the sheeple] towards much-needed information on candidates before we vote. It could be a game-changer, Justice Katju. Do run it by Rahul Gandhi if you happen to meet him.

Second. You say we have criminals lodged in the dark underbelly of the temples of democracy. Correct. So what have you done about it? Taken any initiatives to stem the rot while you were a part of the Criminal Justice System? Written any detailed papers on how to address this malaise ever? Filed any PILs lately? If not, then have you at least read and fully understood what Vohra Committee, Gupta Committee, Goswami Committe and a few others had to say on this and pushed for the implementation of those recommendations? Have you examined the fineprint of Section 8(4) of the Representation of People Act? There are a couple of PILs in the Delhi HC and the SC related to these issues – could you tell the nation on National TV what these are about, without resorting to a farrago of legalese?

Third. Why does the State deny us our right to punch None of the Above [NOTA] on the EVM? Why are legal luminaries like you not standing up for our rights? I suspect you will now throw form 17(A) under Rule 49(0) at me – which then begs the question: why is there such a stunning silence by all concerned on this important choice that is available to a voter?

Fourth. I now turn my attention to Perjury. How seriously do the constituent elements of the Criminal Justice System take this offence? What happens when elected representatives indulge in perjury - does the Judiciary interact with other constitutional bodies like the EC to suitably punish such violations? For instance, let me draw your attention to the self-declared sworn affidavits submitted by a certain Mr. Anil Kumar, MLA [Himachal Pradesh]. Click here for more details. Do you see what I see, Justice Katju? You are a man of science and scientific thinking, as you tirelessly remind us; could you please use your analytical mind, check the affidavits and let us know if there is, prima facie, a case of perjury and/or misrepresentation of facts. Hint: Immovable Assets.

Fifth. Let us now turn our attention to the plight of the Judiciary. Is it not true that there are only 13.5 Judges for every 1 million citizens in India, against the global norm being approximately 70? Furthermore, did the SC [in 2002] direct all parties concerned to improve this ratio to 50 per million in 5 years? Could you take us through the steps taken by the Judiciary and the Government to achieve this goal? Your sincerity of purpose, and adequacy of aim – that is what this country needs, Justice Katju. Not the aimless psychobabble that you normally indulge in.

Also, while we are on systemic problems that beset the Criminal Justice System, is it not true that various state governments presently stand in contempt of court with respect to the seven binding directions that the apex court spelled out in 2006 on the important issue of Police Reforms?

Sixth. You, who are the PCI chairperson, have expressed some trenchant views in the past on how the media revels in the trivial and the silly. No disagreements there. There is also the issue of paid news and soap operas like Radiagate.  However, carping is for us citizens – on the other hand powerful people like you who are utterly non-idiotic, should be doing something about it. Hence I draw your attention to the Leveson Inquiry and humbly ask you if there is any such panel that has been instituted in India to examine the issue holistically? Who are the panel members? By when can the nation expect a set of guidelines and recommendations – as against the usual gobbledygook and poppycock – on this critical issue?

Seventh. As I understand, Prisons and reformation form the final link of the Criminal Justice System. While we have taken note of your bleeding heart, on the issue of Sanjay Dutt’s pardon [by the way, we did notice that your graceful gesture towards Zaibunissa Kazi was a reaction to the brouhaha AFTER the stuff hit the fan], could you share with us some possible solutions that can be deployed to ameliorate the plight of the under-trials in Indian jails? During your tenure as a HC and SC Judge, did you pursue this matter with anyone of any importance? What came out of those discussions? What is the total capacity of all the prisons in India and how many people are actually lodged in those jails? Are the under-trials housed with the general population of convicts, Justice Katju?

You usually have an opinion on almost all issues; yet I notice that you have maintained a studied silence on the matters highlighted above. Why is that Justice Katju? Has sticking to one’s knitting gone completely out of fashion?

On a lighter note, we are quite saddened by the fact that you have not watched any movie for over 40 years. However, I strongly recommend that you take some time out to watch one particular movie; in fact, you ought to invite Dr. Subramanian Swamy and the two of you could watch it together. The lead actor is of Italian descent - as was Al Capone. These Italians, I tell ya!

The Untouchables – that’s the name of the movie. May we Flipkart you a copy?

shining.path.notperu@gmail.com

Advertisement