by Arun Shourie
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Sale Price: BDT 680
The judiciary has been the one sturdy dyke that has saved us from the excesses of rulers. But recent events remind us of the cracks that have formed: the quality of individuals apart, even the institutional arrangements that had been put in place to preserve the purity and independence of the institution-the collegium, conventions governing the way cases are to be assigned among judges-have frayed. These cracks provide a dangerous opportunity to political rulers to suborn this institution also. Through actual cases and judgments-of subordinate courts, High Courts, the Supreme Court-Arun Shourie enables us to see how frail and vulnerable this ‘last pillar standing’ has become. A judge who by a brazen manipulation of facts lets a prominent politician off … Events and a judgment that let the convicted choose the prosecutor who is to conduct the case against them … Courts that turn a blind eye to life-and-death reforms even as they preoccupy themselves with trivia … Courts that deliver ringing judgments and then do not care to look if their directions are being implemented … Courts that disregard their own judgments on penalizing persons for perjury, for dragging out cases … Courts that do not think through the consequences, even the predictable consequences of their judgments … Judges who prevaricate, who look the other way when some of their own fraternity come under a cloud … A judge who is manifestly unbalanced, judges whose knowledge of the most elementary facts of science is laughable, a judge whose prose even the Supreme Court is unable to comprehend-all of them continue to hand down rulings that affect the fortunes and lives of thousands … Judges who disregard well-settled principles to such an extent that their colleagues are compelled to make their grave misgivings public… And the non-bailable warrants that are issued for the arrest of Anita, Arun Shourie’s ailing wife, for evading summons that were never served, summons that were ostensibly issued for their having built a house that was never built, on a plot they did not own… Through the meticulous examination that is a hallmark of his writing, Arun Shourie leads us through judgments and instances-some hilarious, so many infuriating-and points to things that each of us-judges, lawyers, laypersons like us-can do to retrieve this most vital of institutions.
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