There may be complaints galore about the backlog of cases in our understaffed courts, but the courts in India are continuing with their record as saviours of Indian democracy and sustaining the liberal ethos of the country.

The Supreme Court has saved the day in the brouhaha surrounding the midnight incarceration of CBI Director Alok Verma. But before that, let’s salute the Madras High Court for delivering a tight slap on the cheek of an inhuman insurance company, which had appealed against the ₹19 lakh awarded as compensation by a motor vehicle accident claim tribunal. An 8-year-old girl was walking along the road with her mother when “rash and negligent driving” by a bus driver hit her and one of her legs had to be amputated. This happened in April 2012. The insurance company appealed against the quantum of the compensation and a Division Bench hiked it, rightfully, to an impressive ₹52.25 lakh. Their Lordships rightly asked “if any amount of money can bring back the leg she has lost, or will it relieve her of the pain and suffering she underwent because of the accident?”

But one wishes the Bench had stopped with these poignant and relevant observations instead of further comments on her “marital prospects being bleak or less” because of her disability. I bet every disabled person who read this statement would have flinched. Even though true in the real world, for a High Court Bench to reiterate it is not only insensitive but unkind too. Mercifully, the comment was not linked to gender as the words used were: “It is very difficult for a disabled girl or boy to get a suitable alliance…” Why are we obsessed in this country about “an alliance” or “marriage” being the be-all and end-all of everything or the very purpose of one’s existence, is something that beats me.

The CBI tamasha

The most recent matter that has shocked the nation is the midnight coup at the CBI office where its Director Alok Verma was sent on compulsory and indefinite leave at 1 a.m., after which the entire complex was cordoned off by the police. This happened soon after he had filed an FIR against the No 2 man, CBI Special Director Rakesh Asthana for corruption.

For some time now both the officers have been engaged in a bitter battle.

The drama unfolded with the agency raiding its own offices in New Delhi and removing files.

The numero uno and his deputy at the CBI have accused each other of corruption.

While the FIR against Asthana alleges that he took a bribe of about ₹3 crore from the meat exporter Moin Quereshi, Asthana wrote to the CVC in August accusing Verma of having taken bribe in the same case!

Justifying the late night decision to send both the officers on leave, Finance Minister Arun Jaitley said this was done following a recommendation from the CVC who has supervisory control over the CBI.

The icing on the cake of this unseemly drama is that Nageshwara Rao, the officer appointed as an interim measure, has several charges against him too! While legal luminaries debate the legality of the government’s unprecedented decision — the CBI chief is supposed to have a protected tenure of two years to ensure his independence — Verma moved the Supreme Court. And the apex court has once again stepped in as a saviour.

Supreme Court, the saviour

Observing that such a controversy involving India’s topmost investigating agency cannot be allowed to fester for long, a three-judge bench has ordered that allegations of corruption made by CBI Special Director Rakesh Asthana against CBI Director Alok Verma be investigated and a report given within two weeks. But this will be done under the supervision of a judge.

Also, clipping the wings of Nageshwar Rao, who had transferred over a dozen officers with alacrity within hours of his new interim post, the Bench restrained him from taking any major policy decisions till November 12, when the matter will be heard again.

That the officers transferred by Rao were all involved in investigating the charges against Asthana doesn’t inspire much confidence in the way the “caged parrot” functions.

And the Congress-led Opposition had made a serious charge that Verma was going to launch an investigation into the Rafale deal based on the complaint filed by Arun Shourie, Yashwant Sinha and Prashant Bhushan in the Supreme Court seeking such a move.

As the 2019 general elections draw near and the political stakes get bigger, we, the electorate, will have to brace ourselves for many such shenanigans and ask the question — whither my country.

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