Judge Cash Case में टालमटोल पर उपराष्ट्रपति ने न्याय व्यवस्था को दिखाया संविधान का आइना! महीनों हो गए, FIR क्यों नहीं हुआ? जो कमेटी बनाई है, वो वैधानिक है? क्या संविधान में इसका प्रावधान है? क्या हम इसे ऐसे जाने देंगे?
00:00Every young mind in the country has to be alert, has to be discerning, has to question, because this questioning is vital, because it is sublimity and vitality of democracy.
00:18We must learn to challenge situations. An event happened on the night of 14th and 15th of March, a new daily, at the residence of a judge for seven days. No one knew about it.
00:39We have to ask questions to ourselves. Is the delay explainable, condonable? Does it not raise certain fundamental questions in any ordinary situation? And ordinary situations define rule of law.
00:55Things would have been different. It was only on 21st March, disclosed by a newspaper, that people of the country were shocked as never before.
01:05They were in some kind of limbo, deeply concerned and worried at this explosive, alarming exposure.
01:17Thereafter, fortunately, in public domain, we had input from authoritative source, the Supreme Court of India.
01:29And the input indicated culpability. Input did not leave to doubt that something was amiss, something required to be investigated.
01:43Now, the nation waits with bated breath. The nation is rescued. Because one of our institutions, to which people have looked up always, with highest respect and deference, was put in the talk.
02:04It is now over a month. It is now over a month. Even if it is a can of worms. Even if there are skeletons in the cupboard. Time to blow up the can. Time for its lid to go out. And time for the cupboard to collapse.
02:23Let the worms and skeletons be in public domain, so that cleansing takes place.
02:32Not for a moment I will ever say that we must not give premium to innocence. Democracy is nurtured. Its core values blossom. Human rights are taken at a high pedestal when we believe in innocence, till the guilt is established.
03:00And therefore, I must not be misunderstood for casting aspersions on any individual. But then, in a democratic nation, purity of its criminal justice system defines its direction.
03:23Investigation is required. Boys and girls, no investigation under law is in progress at the moment.
03:41Because for a criminal investigation, the initiation has to be by an FIR, first information report. It is not there.
03:56It is law of the land that every cognizable offense is required to be reported to the police. And failure to do so, failure to report a cognizable offense is a crime.
04:20Therefore, you all will be wondering why there has been no FIR. The answer is simple. An FIR in this country can be registered against anyone, any constitutional functionary, including the one before you.
04:45One has only to activate the rule of law. No permission is required. But if it is judges, their category, FIR cannot be straightway registered.
05:04It has to be approved by the concern in judiciary. But that is not given in the Constitution. Constitution of India has accorded immunity from prosecution only to the honorable president
05:27and the honorable governors. So how come a category beyond law has secured this immunity? Because the ill effects of this are being felt in the mind of one and all.
05:47Every Indian, young and old, is deeply concerned. If the event had taken place at his house, the speed would have been electronic, rocket.
06:06Now it is not even a cattle cart. A question we must think. There is a committee of three judges investigating the matter.
06:26But investigation is domain of the executive. Investigation is not the domain of judiciary.
06:38is the committee. Is the committee under the constitution of India? No. Is this committee of three judges having any sanction under any law emanating from parliament? No.
06:57No. And what can the committee do? Committee can, at the most, make a recommendation. Recommendation to whom? And for what? The kind of mechanism we have for judges?
07:20The only action finally that can be taken is by the parliament, when proceedings of removal are initiated. So a month has passed, more than that, and investigation requires speed, expedition, preservation,
07:49preservation of incriminating material. As a citizen of the country and holding position which I does, I do. I am concerned. Are we not diluting rule of law? Are we not answerable to we the people who give us the constitution?
08:14And therefore, I would strongly urge everyone concerned to examine this as a test case. What legitimacy and jurisdictional authority does this committee possess?
08:40Can we have separate law? Can we have separate law? Made by a category? And the law made by that category? DO's constitution? DO's parliament?
08:58The committee report, according to me, inherently lacks legal standing.
09:05The committee report, according to other lik camaraderie, the evidence that the people of the signed and the undercutter is being protected?
