Challenges before
judiciary
THIS is with reference to Justice
A.S. Anands article, Challenges before
judiciary: need for caution, restraint, published
on May 5. It is an admitted fact that the entry into the
world of justice starts when the plaintiff, the
petitioner, the complainant, the defendant, the
respondent and the accused meet their lawyer and explain
their position to him. It is the advocate who prepares
the complete case, and presents the same before the
presiding officer of the court.
It is also on record
that the two advocates, one from the petitioners
side and the other from the respondent side collect
facts, evidence, law points and plead for their parties.
The presiding officer considers the points raised from
both sides, and applies his own wisdom and then decides
the case one way or the other. If the lawyers are
missing, it will become impossible for the presiding
officer to dispose of the case, and that is the reason
why lawyers have been recognised as officers of the
court, and are afforded due respect.
Sometimes advocates
complain that the presiding officers treat seniors and
juniors differently. But there are occasions when
presiding officers are seen helping juniors and encourage
them to put in more labour for the preparation of the
case.
Lawyers are nominated
for the posts of Addl District Judge and are appointed as
judges of the High Courts and the Supreme Court of India.
It shall be better that senior advocates are appointed
judges of subordinate courts when the workload is on the
higher side, though such the appointments could be just
on an ad hoc basis and the advocates are members of the
judiciary for the time being.
DALIP SINGH
WASAN
Patiala
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Defining
a patit
As mentioned in the news
item Tohra camp to impeach Badal
(May 6), Mr Manjit Singh Calcutta, former Akali minister,
said that the pronouncement of Giani Puran Singh (the
Jathedar of Akal Takht) that all Akali leaders and their
family members would be baptised, showed that most of
them were patit.
It is a conjectural and
demagogic statement. Apparently, despite having remained
in a high position in the SGPC, Mr Calcutta perhaps is
not clear about the definition of a patit
Sikh. Simply because a Sikh has not taken
amrit, does not mean that he is
patit.
Patit means
a sinner, a fallen or an apostate or an ostracised Sikh.
A Sikh, who after accepting initiation into the Khalsa,
violates Rehat (code of conduct) in some
important respect. But a Sikh, even though he is not
baptised and yet follows Rehat and observes
Nit Nem (the Daily Rule),
he daily recites the prescribed portions of the Gurbani
cannot be dubbed as patit.
BHAGWAN SINGH
Qadian
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Gun
culture
The murder of Jessica
Lal in Delhi and certain other related incidents show
that gun culture is becoming common with the youths of
todays generation, specially the privileged class.
Why do I say that the
VIP class is more involved in this culture? Because they
have the availability of weapons mostly used and people
to come to their rescue. It is virtually impossible in
India to obtain a licence until one has the right
contacts. Thirdly, the guns which are mostly used are not
commonly available and are very expensive.
Now comes the question
as to where has this gun culture come from? The answer is
Bollywood. Our cinema is full of violence
involving the youth, and our heroes like Mithun, Sunny,
Sanjay are forever brandishing guns at the drop of a hat.
So our youths like to be like their heroes.
J.S. DUGGAL
Chandigarh
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Home
rule, BJP style
This has reference to
the editorial Home rule, BJP style dated May
5. I do not entirely agree with the views expressed.
There is no doubt that the BJP-led coalition government
has lost confidence in Parliament, though by only one
vote. At the same time the government has to run the
country and for this purpose it has to take vital
decisions. You argue that a caretaker
government cannot take vital decisions and transfer key
officials. The Election Commission has announced that
elections would be held in the last week of September/
first week of October. The government was defeated in the
Lok Sabha on April 17. Therefore, for a long period of
five months, if the government sits over vital decisions
one can well imagine as to what will happen to the
country and its people.
When there is a
government, it has to be active and not a dummy or
caretaker government. It has to assert itself and take
decisions wherever necessary for the security and welfare
of the country. Let the whole world know that India has a
government that works. If there is internal or external
aggression we cannot expect the government to keep mum
only because it is a caretaker government. It
has to take action, even policy decisions, to protect the
country and its people.
T. BHATTACHARYA
Panchkula
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