What a pickle! Justice CS Kernan of the Madras High Court has been transferred to Calcutta High Court by an order of the Supreme Court on 12 February. In response Justice Kernan has stayed the SC order and asked the Chief Justice of the Supreme Court to submit a written reply through his subordinates by 29 April, to explain himself. He said that he was being targeted because he is a dalit, which means 'oppressed', a term used to refer to lower castes among Hindus. " I will direct the Chennai Commissioner of Police to register cases against the two apex court judges under SC/ST (Prevention of Atrocities Act)" he said. " I am in no way subordinate to the Supreme Court. Mine is a separate constitutional office. How can the apex court interfere in my office that too without even hearing my version?" he asked. Justice Kernan's problems go back a few years when the then Chief Justice of the High Court complained that he had barged into his room and hurled a " volley of invectives " at him. This case pits the draconian Prevention of Atrocities Act (on dalits) against the absolute power of judges, who are answerable to no one. At present judges are appointed by a Collegium system, in which a panel of judges meet in secret to select who they want to appoint. The parliament passed a National Judicial Appointments Commission Act but the Supreme Court struck it down, which sets a self-appointed Supreme Court above the elected representatives of the people. Judges cannot be prosecuted for any crime but can only by removed from office by parliament, with at least two-thirds majority. In India Contempt of Court is the greatest crime as shown by the case of Subroto Roy who will be in jail indefinitely unless he provides a bail of Rs 100 billion. The Court told him " you are in jail by choice " while a convicted murderer, serving a life sentence, gets out on furlough, to get married. Furlough is normally granted to soldiers who risk their lives for the nation. Does it make our soldiers guilty of nationalism? However, like the judges dalits are also extremely powerful. There are serious charges of corruption against the former Chief Justice of the Supreme Court, KG Balakrishnan who steadfastly refuses to resign from his sinecure of Chairman of the National Human Rights Commission. No one dares to file charges against him. Dalit students who fail exams bring charges of bias against the faculty resulting in great harassment. The only way dalits can be truly empowered is by banning castes, like dowry and sex selection have been banned. That will open all temples to every Hindu and all controversies will disappear. Children being born today will grow up truly equal. Will anyone agree?
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