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Welcome SC order

Monday's Supreme Court order cancelling the promotion of 34 Superintendents of Police, who were thus elevated in rank in May 2000, is likely to meet with wide public approbation in consideration of the fact that the promotions were made in violation of the fundamental rights of 46 other police officers. As should be well-known by now, five fundamental rights applications were filed by 46 Assistant Superintendents of Police alleging violation of their fundamental rights by a decision by the former administration to promote 34 ASPs to the position of SP.

Besides ordering compensation and costs to the petitioners, the Court has also ruled that fresh interviews be held for the promotion of the persons who applied for the relevant posts in March and May 2000. In an equally significant directive, the Supreme Court has called on the Attorney General to consider whether the conduct of the 1st, 4th, 50th, 51st and 52nd respondents constitute corruption within the meaning of section 70 of the Bribery Act as amended, or any other offence. If so, the AG is expected to take appropriate measures and submit a report on these matters to the SC on April 30, 2002.

There are a number of significant aspects to this case which warrant positive comment. To begin with, the Supreme Court has emerged once again as a vibrant dispenser of justice. Time and again, those whose fundamental rights have been violated by the State and its organs have turned to the Supreme Court for justice and fairplay, and have been receiving it in ample measure. Over the years, Supreme Court judgements have reflected a growing sensitivity to human rights issues and this should be seen as an invaluable contribution to the firm entrenchment of the Rule of Law and the consolidation of human rights in this country.

Given the fact that this country has been steadily militarized over the years with fundamental rights violations increasing in tandem with the break down in law and order, it is vitally important that the institutions of justice play a vital role in the protection of human rights. This is another reason why the recent Supreme Court judgement needs to be taken note of.

Besides, in conflict-ridden countries such as ours, law and order agencies tend to come under political pressure and sometimes prove vulnerable to machinations by politicians. Allegations are not infrequent that some appointments, promotions and transfers are effected on political grounds in the police and armed forces. The Supreme Court ruling makes a huge dent in these irregularities and keeps popular hopes alive that the politicization of the law and order machinery and kindred problems could be contained by the seats of justice.

The public could also be glad that the judiciary is fully alert to the possibility of corruption thriving in high places. It is equally heartening that decisive action is being taken by the highest court in the land to halt this blight. 

• Editorial of  The Observer - 12.02.2002:
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