oppn parties Not A Legislator's Remit To 'Punish' People

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  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
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Not A Legislator's Remit To 'Punish' People

By Sunil Garodia
First publised on 2021-06-13 14:34:43

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

Do we have rule of law in our country or do we seek instant justice and mete out public punishment? Will courts punish people or have we given that power to elected representatives?

In a shocking incident, a Shiv Sena legislator in Mumbai 'punished' the contractor given charge of cleaning the drains by making him sit on the road and asking people to dump garbage on him has he had allegedly not done his work properly leading to waterlogging due to chocked drains.

The legislator, Dilip Lande, representing Kandivali, said that since people had elected him and placed their trust in him and since those responsible for cleaning drains and preventing waterlogging were not doing their work, he, along with the local party chief and party workers, had come to clean the drains. That was very good on his part.

What was not good, however, was how he treated the contractor entrusted with the job of cleaning the drains. He made him sit on the waterlogged road and then watched as people dumped garbage on him at his instigation. That was beyond his remit as he acted as judge, jury and executioner.

Cleaning drains, or getting them cleaned, is social service and a legislator is entitled to do it. He is also entitled to find out if the contractors entrusted with the job are doing it properly. But to assume that if roads get waterlogged then the contractors are not doing their job properly is wrong. There can be hundreds of reasons for waterlogging - heavier than usual rainfall, for instance. No one can be punished without proving his guilt.

Then, even if the contractor was at fault, rule of law demands that he be prosecuted as per the terms of his contract and as per law. He could be blacklisted, fined and his payments could be withheld. A case could also be lodged against him for not fulfilling the terms of the contract.

But such playing to the gallery amounts to taking the law in one's hands. Instant justice and public humiliation must not be resorted to as it will lead to jungle raj.

Lead picture courtesy: ndtv.com. The caption is ours.