But while that is so, a long line of cases shows that it is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.” These immortal words of Lord Chief Justice Hewart simply enumerate the concept of justice by the courts. Arun Shourie’s book, Anita Gets Bail, illustrates how this concept is sometimes a myth, and the process of the courts is itself the punishment. Shourie explains the lack of application of mind in his own case, where his ailing wife Anita was summoned by a criminal court in Faridabad for constructions on a plot in violation of environmental norms. Although finally the case against Anita Shourie was dropped, she had to undergo the process—the punishment.
Shourie examines the various ironies in different decisions of the court. One example is the extraordinary delay in the prosecution of former Tamil Nadu Chief Minister J Jayalalithaa. Shourie has bared the tactics employed by lawyers to delay proceedings. The courts have often indulged the rich and the powerful more than the common man. The indulgence shown by the court to lawyers in a corruption case like Jayalalithaa’s (and many others), squarely sums up the flaws in the process.
The author has also touched on the need to fill the vacancies at the various levels, and the apathy of successive governments in doing so. He has demonstrated the percolation of ‘nationalism’ in the National Anthem case or the case of the Rajasthan High Court declaring the cow to be the national animal. The finest example is of Justice (Retd) Mahesh Sharma of the Rajasthan High Court, who relied on scientists to expound the virtues of the cow—scientists who ostensibly do not exist.
There is also reference to the enigmatic death of Judge Loya and the manner in which the court dealt with it. Shourie has also made reference to the various corruption allegations against judges including the medical college scam. It needs to be put on record that the reviewer believes that these allegations are unsubstantiated until conclusively proven.
Shourie has principally dealt with those cases that are highlighted in the media—and apart from his own there seems to be very little discussion of the cases that the common man has to face. He has not gone into the issue of the extraordinary expense undergone by litigants—the biggest curse afflicting them.
The book comes at a time when there is serious turmoil in the Judiciary, and perhaps the friction between the Judiciary and the Executive is at its highest. The press conference by the senior most judges in early January exposed the cracks in the Judiciary. The Narendra Modi-led BJP Government has gone hammer and tongs to destabilise the independence of the Judiciary, something that Shourie has dealt with in some detail.
The unprecedented happenings in the Supreme Court in the past months, and the apparent attempts by the Government to control the Judiciary are a déja vu. Shourie has not dealt with the manner in which the court has over-stepped its original intended role, but only pointed out the ineptitude of some judges.
Shourie perhaps overlooked the trial in the murder of L N Mishra, which took over 40 years for completion. The murder in 1975 saw a conviction in 2014. These are the high-profile examples that are visible due to the publicity they have received. There are several such cases that common litigants suffer on a daily basis. Another example is the cricket reforms matter, which saw its final judgment in July 2016, but yet awaits implementation.
The system of justice works on the perception and faith of the people. Shourie has exposed the many fallacies in the justice delivery system. For, it is the courts that have to maintain the trust that the people through the Constitution have reposed in the Judiciary. For, it is the Judiciary that has to in turn uphold the constitutional principles.