It is so demeaning for the people of a civilised country not to be sure about the health and accessibility of their Chief Justice. Because of this problem of not getting reliable information about Chief Justice SK Sinha we commented regretfully on his departure for Australia on the night of Sunday (8th October). The following day we came to know that the news of his leaving for Australia was not correct.
He could not still now be contacted to known what went wrong with him or with the news media. What a situation: The Chief Justice of the country cannot be contacted.
The senior lawyers of the Supreme Court Bar Association are protesting his silence and disappearance. They want him not to leave the country and assured the support of the lawyers. We also feel that the Chief Justice of a country cannot go abroad leaving the cause of the crisis uncleared. The most important question is what was the urgency for the government to humiliate the entire judiciary when in less than three months the Chief Justice would surely retire.
It is not believed that Justice Sinha is going on leave for health reasons. In that case, there is no such need of keeping him secluded. It is unbelievable also that the Chief Justice will go abroad for treatment without saying farewell to his fellow judges of the Supreme Court or the senior lawyers of the Supreme Court.
The latest news from the Law Ministry is that Justice Sinha has applied for extension of leave and confirmed the date of his going to Australia on 13th October.
The silent and inaccessible position of the Chief Justice is a matter of great concern for the safety and security of every one. If the justice system can be ignored for causing sudden disappearance of the Chief Justice and denying his right to move about freely then where the ordinary people will go to protect their own safety. The question goes to the root of governance under the rule of law and very worrying.
The other evening at a television talk show Mr Abdul Matin Khasru the former Awami League Law Minister said it without a blink that the Supreme Court is the people’s last hope and no politics should be played with the high position of the Chief Justice. Mr Khasru is now also holding an important position in Awami League. But the truth as has been made clear to all is that the Chief Justice of the country could not be sure of the protection of his rights guaranteed by the Constitution.
It is said the bench and the bar, meaning judges and lawyers, together constitute the formidable power of the judiciary. The lawyers have been trying to have a meeting with the Chief Justice. The only response from The Chief Justice was, as reported in the press, was that he was all right but could not see them.
We know the government will not listen to anybody except those who are paid by the government to advise. They must be anti-democracy and anti-rule of law. Still, it wants to be seen as the people’s elected government. And also claim to be very popular.
If we may say, leaving the task of advising the government to the special class of privileged ones, we shall remind the government that at a time of crisis the leadership needs the judiciary more than others.
As the judiciary is the last hope for the protection of law and justice, the Chief Justice is the last person to play politics with.
The government has made it clear that Justice Sinha is the victim of their anger against the judgement that denied the politicians the power to punish the judges of the highest court and protector of the Constitution. But the judgement was not his alone. All the other six judges agreed. All the eminent lawyers also lent support. The judgement will not go to Australia, but remain here effectively.
Justice Sinha may have to go but the problems will be left behind for haunting the government.
