Raman case: judicial activism backers get a shot in the arm
Lucknow: The Allahabad high court order issued on Friday has provided muscles to those government critics who do not support its view that the court should not interfere in executive orders.
Left alone by the court, the critics believe, there will be more Ramans in Uttar Pradesh and other parts of the country.In tune with the court ,the government baiters believe that an official cannot stay at one place for as long as six years without political patronage.
As far as the central and state governments' policies are concerned, an official should be transferred from the place if he has been there for three years. He can be removed from that place even before that if it is so required .But, excepting special circumstances, he should not stay there for than three years.
Often the governments in the state and at the Centre find special circumstances as an excuse for keeping him or her for a longer period. The Uttar Pradesh government could have found some such excuse too.
The larger issue of non-interference by the judiciary has to be considered in this background. The problem is that it is not only the state but also the Centre which wants the court to keep itself off the executive order .
Let alone others, Union finance minister Arun Jailtey who is an eminent lawyer himself , too , is against the court playing any role in administrative matters. Such actions by the court is often described as "judicial activism".
Considered in the light of Raman's case it appears that Jaitley and people backing him are not fully aware of the ground realities or they have tended to ignore them.
Many officials like him have mastered the art of survival at one place for long. They also know how to be on the right side of different governments as was done by the U P official Raman.
He remained in the National Capital Region (NCR) for as long as six year. He was the favourite of then chief minister Mayawati. He pulled on well also with her rival party (Samajwadi Party) government.
What is more puzzling, he has been heading three different government authorities in the NCR. Had the court not interfered he would have been operating from there still. The court’s final order is yet to be given in this case. It’s next move will be worth watching.
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