By P. Soma Palan –

P. Soma Palan

The Supreme Court has given an Interim Order to suspend the IGP from functioning until the final determination of the Petitions filed against the IGP. This has created a controversy between the Supreme Court and the other two limbs of the Government, the Executive and the Legislature. I wish to express my views on this deadlock as an ordinary citizen objectively and as a free-thinker, as follows:

I am not a legal expert but on common sense understanding of law and justice, the Government is taking refuge in the wording in the Constitution that a position should fall “vacant” to appoint an Acting IGP. Its position is that, since the Supreme Court has only suspended the IGP, the post has not fallen vacant. Therefore, the Appointing Authority is unable to appoint an Acting IGP. This is a very narrow interpretation of the law. That is, if only an incumbent holder of the Office dies or resigns or terminated, a vacant position arise. The Government fails to understand that the Supreme Court has only suspended IGP from functioning temporarily. Therefore, the position is “temporarily vacant” and appointment of an Acting IGP is also temporary, until final determination of the Supreme Court. In the event the Supreme Court dismisses the Petitions, the former IGP can resume as IGP. It is plainly clear to anyone with a modicum of intelligence that the Government is trying to use any ruse to subvert, thwart the Order/Ruling of the Supreme Court.

The Supreme Court is the Apex Court of the Country. It Is Supreme and not subordinate to any other organ of Government. The Supreme Court is totally independent of the other two limbs of the Government, the Executive and the Legislature. This is the doctrine of Separation of Powers in a Democracy. In actual fact the Executive and the Legislature are not truly independent and separate. The Executive is a creature of the Legislature and dependent on each other.

The Supreme Court is the last bulwark of citizens rights against arbitrary actions of a ruling Government.  Its status and position is overriding and that is why it is decidedly called the “Supreme Court”. The Supreme Court’s Orders and Rulings must be carried out by any party in a Case or conflict. Defying or non-compliance with the Supreme Court’s Orders and Rulings or any other lesser Court, is a Contempt of Court, a punishable crime.

If a private citizen disrespects any Order/Rulings of Supreme Court or any other Court, such person is charged for Contempt of Court and sentenced to a term of imprisonment. It appears that the State apparatus is free of any charge of Contempt of Court. In this sense the Supremacy of the Supreme Court is diminished and subordinate to the organs of Government.

When Supreme Court’s Orders/Rulings are defied and non-complied by the State’s apparatus, it undermines the Rule of Law and denigrates the status of the Supreme Court in the public eye. This sets a bad example and encourages the public at large to disobey and not comply with any Courts’ Orders/Rulings in general, and hold the judicial process to ridicule and contempt.