Justice Pasayat does a favour to UPA regime
yet again by ordering medicos back to work

Who is Justice Arijit Pasayat?
 

Born on 10.5.1944.

Enrolled as an Advocate on 10.10.1968. Practised in Taxation, Commercial and Constitutional matters. Completed Articleship in Chartered Accountancy and passed Intermediate Chartered Accountancy Examination. Appointed as an Additional Judge in the Orissa High Court on 20.3.89. Appointed as Chief Justice of   the Kerala High Court on September 20, 1999. Appointed as Chief Justice of Delhi High Court on 10th May, 2000.

Appointed as Judge , Supreme Court of India on 19-10-2001.

Due to retire on 10-05-2009(FN).

He is a Supreme Court judge who delivers judgements that favour the UPA and its allies as if on cue. He is the one behind the SC’s strictures and warning to the medicos to end their strike.

Here are a few other judgements Pasayat delivered in the past:
 

1. An unprecedented Best Bakery Retrial Judgement that defied all judicial logic. Pasayat was part of a two-judge bench that passed the historic order based on misrepresentations by a wily activist.

2. He gave his dissenting opinion in the judgement of the SC that indicted Buta Singh and the Central Cabinet in the Bihar Assembly dissolution case. Pasayat gave Buta Singh and the UPA the clean chit. Manmohan and the rest of the cabinet used that as an excuse for not resigning.

3. An unprecedented judgement sentencing Zahira Shiekh to one-year imprisonment for contempt of court because she refused to change her statement, made in the Vadodara court, in the Mumbai retrial and remained hostile to the prosecution’s case. Instead of accepting an error of judgement, Pasayat went hammers and tongs after Zahira and was not satisfied till he ordered her arrest. He did his best to harass her by recommending an IT probe against the poor girl. It was a two-judge bench, but the final judgement was written and delivered by Pasayat. In the whole process, Teesta Setalwad, the person who used an underage Zahira to create a judicial muddle to score a political point against Modi, was not even reprimanded or rebuked.
 

As soon as the TV channels flashed the news that the SC has intervened and asked the medicos to report back to work, one suspected the involvement of Pasayat in this and it was he all right.

What is Pasayat’s background? Why is it that he always delivers judgements, pronouncements, and strictures that suit the present ruling establishment? There is a definite pattern that has emerged here. A careful study of sundry views and opinions of Pasayat contained in his written orders will make it clear to even a lay person that this Supreme Court judge allows his political and personal agenda to interfere with his designated and honourable duties.

Pasayat’s opinions and strictures came at a time when all attempts by the Central Government to browbeat, cajole, and bribe the medicos proved futile. It happened as if on cue yet again.

What makes Mahesh Bhatt and Teesta Setalwad rush to the SC on Gujarat related issues? Bhatt has moved the Supreme Court on the Fanaa issue now, knowing well that the Government of Gujarat has nothing to do with the non-release of the film. Let us see who hears his appeal. If it turns out to be Pasayat, the Gujarat Government will be indicted even before the hearing. Bhatt is making a political move aided and abated by his friend Teesta Setalwad. Pasayat is their lone trump card. And if Pasayat favours Bhatt, it will not be a mere co-incidence but a cleverly planned conspiracy.

The Chief Justice of India should review Pasayat’s judgements of the past six years, including the ones he might have delivered when he was the Chief Justice of the Delhi High Court. High profile cases like Bofors involving the top leader and icon of the Congress party Rajeev Gandhi and his family friend Quotrochi. In fact, the conduct of Pasayat should be subjected to an enquiry and if suspicions of misuse and abuse of judicial authority are proven right, he should be dismissed, impeached, and debarred.

We must also explode the myth that the Supreme Court’s diktat must be honoured. The SC has been defied, derided, and disregarded by the Communists and the UPA in the past and it could do nothing about it. The heavily biased and motivated orders of judges like Pasayat deserve such response. If the SC delivers injustice, there can even be a mass agitation against it. It can be gheraoed and its workings can be brought to a halt.

We must not forget that it is the people who are supreme in democracy and not the courts and legislatures.  People have the absolute power to make or break governments and appoint and impeach judges.  People can make all the constitutionally created entities powerless and they can also write and rewrite constitutions and the laws of the land. They can also stand up to the Supreme Court if it errs. And the SC does err at times. It erred very badly during the internal emergency of Indira Gandhi.