MV Jayarajan, a leader of the CPI (M) who was sentenced to 6 months imprisonment by Kerala High Court for contempt of court is out on bail and he was given a rousing welcome by the party cadre and leaders. When the High Court ordered to put Mr. Jayarajan behind the bars without giving him bail or time to appeal against the verdict, legal experts pointed out that it is against principles of natural justice as in Indian legal system bail is the rule, jail is the exception. There is no doubt that the verdict of the Supreme Court in quashing High Court order and granting bail to Mr. Jayarajan is a victory for the CPI (M); however to celebrate the release on bail of a person convicted of contempt of court is an absolute folly which has no place in a democracy like India.
It must be noted that the Supreme Court of India has only upheld Mr. Jayarajan’s right to bail and hasn’t given any verdict on the charges of contempt of court. The celebration on account of his release on bail was made in a magnificent fashion as if he was acquitted of all charges. It is for the leaders of the party to think how morally or politically correct it is for a political party working in Indian democracy to do such a thing. In a democracy it is quite true that political parties carry the greatest worth as they directly represent the people. But it is incumbent upon all political parties and their leaders and activists to respect other democratic institutions, particularly the court. By no stretch of imagination is it a matter of pride for political parties to celebrate the deeds of someone who has been convicted of contempt of court. In the past, during pre-independence period, it was certainly a matter of pride as the courts were illegitimate institutions governed by laws and rules made by the British, who were unlawful occupiers of our country. However in present day courts are democratic institutions established under the constitution of India and any denunciation of such courts is the denunciation of democracy, denunciation of the constitution.
Having said that this writer is not at all making an impression that democratic courts are above criticism, but one should maintain certain level of decency in the choice of words in such criticisms. Mr. Jayarajan crossed all boundaries of decency when he used the Malayalam word “shumbhan” (that roughly translates to fool) to describe judges of the court. He made further mockery of the Indian judicial system when he unsuccessfully made arguments by bringing Malayalam and Sanskrit professors from colleges to establish that the word didn’t mean fool but have some positive meaning.
Politicians are supposed to be the role models, watching and emulating whom the younger generations of a country would become ideal citizens. However the standards set by present generation of politicians is so poor that it is always better for the young people not to make them their role models. Politicians cutting across party lines use such bad and terrible words in their criticism of their opponents that it is honourable not to speak about it. Kerala, a state that prides itself of far better social indicators and education in comparison to other states in India, has been greatly ashamed by the recent conduct of politicians - of UDF as well as LDF - who have used foul language and did uncivilised deeds in the legislature and outside. If they don’t mend their ways sooner, Keralites would lose the trust in them and that would not be a good sign for the state of democracy in Kerala.
Certainly the CPI (M) has set a very bad example in democratic India by celebrating the release of a leader who has been convicted for contempt of court. By doing that the party has sent a message to the civil society that contempt of court is not a crime but a matter of great pride and glory which anyone and everyone can follow and gain appreciation of the crowd. Had it been so that MV Jayarajan had accepted his mistake or the court found that all allegations against him on matters of contempt of court were void, it would have been fine to bestow on him such lavish praise; but incidentally it is not the case. Freedom of speech and expression that Indian constitution grants us comes with reasonable restrictions. Therefore the claim that what Mr. Jayarajan did was upholding that freedom holds no water. This writer wants to point out that getting behind the bars for contempt of a constitutional institution is a matter of shame and disgrace and not pride, if anyone holds such a view.
It is precisely true that politicians epitomise all the vices that human ingenuity could invent, a fact proven time and time again by the politicians of all hues in Kerala. Some sort of shock treatment from the people is needed for these politicians to understand their mistakes and blunders. Whenever anyone criticise the politicians for being unscrupulous they would make a huge cry saying that such opinaions and criticisms would belittle the whole tribe of politicians in the eyes of people which would be inimical to the existence of democracy in the country. But they themselves often use harsh words to criticise the judicial system in the country knowing very well that rubbishing courts is as inimical to democracy as is belittling politicians, as they claim. Politicians in our country often behave as spoilt brats and are incorrigible to a great extend and the day that they would have a rude awakening is not any far off as people have reached their threshold of patience.
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