Posted by: Adv Russel Joy
Category: Personal
Indian Judiciary heavily relies upon this Black Stonian Principle in all its regard. We can deduce it from the structure and organization of our Judicial System itself. We are giving enough and more opportunities for every accused to prove their innocence, through our Appellate Jurisdiction, even if the justice is delayed due to the heavy procedures.
Now, here we deal with an issue which could take thousands of innocent precious lives, if Indian Judiciary and Governments show reluctance towards it.
As the Court has rightly questioned, ‘why not a new dam’?
Indian Supreme Court heavily depends upon the technicalities of the law to deny the construction of a new dam.
The dirty politics and ego between the two States never allow them to reach conciliation on this matter.
We fear the existence of corruption on part of bureaucrats and others on denying justice on this matter.
Now, the ball is in the court of Indian Judiciary to decide, whether we have to keep thousands of life in danger to secure our technical provisions of law to prevail?
We as people of India, having great heritage, ethics and culture, always believed and acted upon the principle of Equity, Justice and Good Conscience into its deepest extend. This issue demands such an act from the Court of Law to make safe the precious lives and aspirations of thousands of people of this Country.
If Judiciary still takes its same stand of procedural aspects, the results will be severe. If the dam gets burst, it will be a black mark on the face of Indian Judiciary. Even the most intellectual reasoning, the Court provide, will not be enough to satisfy the questions of the present and even the future generation of the justice seeking people of the whole world.
Now we humbly ask the same question, ‘Your Honor, Why not a new dam?’
Now, a very logical question, which could an ordinary prudent man, could answer……
Whether this dam will exist for 999 years?
It is really dangerous to play with nature, even if it for the Judiciary, because it does not care for the ridiculous contracts and technicalities of the law. We know the present position in Nepal. It is suffering of the aftermath of a great natural calamity. There is a great possibility that, such an Earthquake could destroy the weakened Mullaperiyar dam.
According to the contract, there should be a dam for 999 years for giving water for our neighboring State. Whether anyone of some sense could guarantee that this structure will be there for more than 800 more years; Whether the judgment of the court will keep it safe from falling ? So we have a great responsibility to take some precautions and to think practically, and not technically. Let them have the water, let us have our lives safe!
There is no alarm of such kind to announce the breaking of the dam, prior to it. Everything will happen in some minutes. Thousands of lives will be lost; a huge portion of a State including its most prosperous city will be under limestone.
History will not mark it as accident, besides it will be written as the massacre done by the Court and the corrupted Governments.
Your Honor, let us build a new dam, as it rightly says, ‘Prevention is always better than cure.’