Mathews J Nedumpara
Campaign For Home For All.
The miseries which the millions of migrant labourers had to face with the imposition of the lockdown, so too its easing no words can adequately describe. It would wrench the hearts of even the most hardened ones. But the question is: could the governments be entirely blamed for the same even while fully accepting that there has been great shortcomings even in Kerala which has managed the Covid pandemic exceedingly well? But the question is: are not these functions falling under the exclusive province of the executive as has been rightly pointed out by Arghya Sen Gupta in his article in the Times of India today . Except for breaking news for the electronic and print media, is the Supreme court capable of handling the problem? If one were to assume it could, then do we need any elected governments? Courts orders on the so called PILs are enough for the governance of this country. Why should we have even elections and a council of ministers responsible to the legislature? Governance by elite dynasties of judges and lawyers is good enough. If it is good, then why should we be shy in accepting that “judgeocracy” is an ideal form of government. The panacea for all problems ee face, be it the management of Covid, flood, environmental degradation and everything concerning the governance can be resolved by judges taking ‘suo motu’ action. Many, even lawyers do not readily realize that suo motu action means the judge is the “actor,” that is the plaintiff and the judex ie the judge, both at once which is in violation of the very first principle of natural justice, namely that nobody can be an actor and judex both at once.
I happened to come across a letter addressed by a few eminent lawyers led by Sri. Chithambaram slamming the Supreme court for failing to take suo motu action for the mitigation of the miseries of the migrant laborers. I know neither of Modi nor Shah personally. Many attribute them to be the most heartless and communal minds. However, they are a minority. The majority literally worship Modi. I will not comment about Modi or Shah so long as I do not know them closely. One would know about a man only if one had an occasion to interact closely. I have often found people branded as devils far from that and vice versa. But one thing I can speak about the eleven senior lawyers who had authored the letter to the CJI. I know most of them fairly well. A few of them are nice human being. However, some of them are “ravenous wolves in the clothing of a sheep.” Some of these people who lament at the misery of the migrant laborers are the ones who were instrumental in the demolition of the shanties of thousands of slum dwellers in Bombay. The less said about some of these honorable men, the better.
Before I conclude, am happy that the Supreme court has taken a suo motu, PIL on the miseries of the migrant laborers. It is my hope and prayer that the courts intervention will not mean mere media headlines but far beyond that real succor and relief to the migrant poor. My grief is that I could not do hardly anything being confined to my home in Cochin for my clients the slum dwellers of Bombay for whose benefit alone the “Campaign for home for all” an association under the Maharashtra Public Trust Act was formed.