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SELECTIVE JUSTICE & POLITICAL VENDETTA

Selective justice or application of a law to different people differently is not a new topic of discussion. Renowned journalist Peter Tatchell discussed the international ramifications of selective justice in an article in The Guardian way back in 2007. There were many serious efforts that tried to undertake a discussion on the topic to categorically state that application of selective justice is no less than injustice. They truely pointed out that injustice anywhere on the earth is a threat to the existence of justice everywhere on the earth. When the ruling establishment resorts to selective justice as an effective means of political vendetta, the whole justice system suffers a serious setback. After all, dispensation of justice is the core aim of a political regime and if it fails in this function, it will become an illegitimate regime. The selective approach to justice can be seen in different areas of social life. 

A few examples from the current socio-political scenario of India can give a better understanding of the concept. The introduction of Citizenship Amendment Act in Parliament led to protests in almost every part of the country. As a consequence, many state governments imposed section 144 which prohibited the gathering of  4 or more people in a public place. The state governments used this draconian measure to suppress the protest against the Citizenship Amendment Act. The governments that prohibited the assembly of  4 or more people remained as mute spectators when large crowds undertook rallies, obviously in violation of the curfew order, to support the government in favour of Citizenship Amendment Act. Had the government been touched by a sense of justice, it should have prevented Pro CAA rallies in the same manner as it had prevailed over Anti CAA protests. 

The trend clearly shows that the government does not entertain criticism. It also means that you can do anything wrong but do not go against the government. If you do not go against the government, you can get away with all your wrongs. This strategy of the government made it a gathering point for all the nefarious elements in the society. By its own choice the government has become the government of crooks. 

Many people argued that the incident involving the arrest of UPCC president in Uttar Pradesh was nothing but an example of political vendetta reinforced by the application of selective justice.  It should be noted that in the examples that we discussed, it is not the Judiciary that is active but the executive.  Judiciary is clearly sidelined to deliver justice on the dictates of the executive.  The constitution of 1950 had no such option to empower the executive as the custodian of justice.

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