Shaking the last defence

Sir, - The volcanic implications of the observations of the Supreme Court (Aug. 31) in the appeals of Ms. Jayalalithaa, Tamil Nadu Chief Minister, being heard by the Madras High Court are startling the minds of the robed community and the laity alike. It is respectfully submitted that the apex court rightly stayed further hearings. The respondent was not provided with the facilities and the time to go through all the documents, voluminous in quantity and much of it unreadable print. These handicaps would have robbed the hearing of even a semblance of justice. The former Advocate-General, appointed by the court so that there be no conflict of interest, was deprived of the minimum facility of a few weeks' time and had to approach the Supreme Court and seek a hold-up of proceedings, and added to good measure, transfer of the case to another High Court.

Stay was absolutely right and necessary in the interests of justice but a transfer to another High Court is, to many minds, a blasphemous plea. To entertain a plea for transfer outside the State on a request from two advocates, though one is the Attorney-General and the other a former Advocate-General, is too draconian a reaction. That Mr. Soli Sorabjee desired vehemently that the case should go out of the Madras High Court is outrageous and it should not have been uttered by him. The implications are too grave to be contemplated without an amount of trepidation. Their Lordships of the Supreme Court should counsel the combatants some sense of proportion and not slander a venerable institution that has given to this country some of the best judges and still harbours in its midst outstanding men and women, the nation's pride.

Did anyone suggest a similar transfer when A.R. Antulay was prosecuted? Or earlier when a Chief Justice was arraigned in his own court? Let none of us forget that in this process, it is not the defeat or triumph of an individual that is at stake. Indian democracy stands on the judiciary as its last defence. Every other instrument has failed. Let us not in our pique with someone cast stones on all the judges of a court.

V.R. Lakshminarayanan,

Chennai

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