Marxism teaches us that law is the weapon of the ruling classes. During the feudal system, law was synonymous with the wish of the ruler. Capitalism could no longer ignore the people’s demands for the establishment of democracy during the mass struggles that erupted against feudalism. This is how the powers of the executive, legislative and the judiciary that had been heaped on one institution/individual were handed over to three institutions after the fall of the feudal system. They were named the three pillars of democracy. During the initial stages of capitalism the defenders of democracy stated that these three institutions would operate with “checks and balances” over each other to prevent despotic tendencies.
This is history. What’s happening now is contradictory to what was expected. What is approaching is an era where ‘kings’ attempt to muster powers that had been taken away from them. As such, the chains of freedom tied to democracy are being shortened.
Recently, the media reported an announcement made by the Secretary to the Judicial Service Commission that stated that the Commission has been subjected to threats and intimidation from persons holding different status. Various influences have been made on the Commission regarding decisions taken by it keeping with the service requirements. The Commission was subjected to various influences after it initiated disciplinary action against a judge recently.
“An attempt to convince the relevant institutions regarding the protection of the independence of the judiciary and the JSC over the attempt to call for a meeting with the chairperson of the JSC, who is the Hon Chief Justice, and two other Supreme Court judges too has not been successful. The Commission has documentary evidence on this matter.”
The general public is afraid to break the law. In short, many are scared of the policemen walking on the road. That is not because they commit offences; not even due to cowardice. The sole reason behind their fear is that the police have a reputation of charging a person on false charges. However, modern ‘aristocrats’ have political protection expect the OIC of a police station to offer his chair when they walk into the place.
When an ordinary citizen is locked up in a cell for an offence he had not committed the political henchman, despite being an offender, enjoys an undue freedom. Despite having a hundred warrants issued to arrest these perpetrators, who punitive action is not taken. They, who have lost fear of the law enforcement authorities do not even hesitate to challenge the Judiciary. This is why stones are pelted at courts of law. These are not stones pelted at the building but at the independence of the Judiciary.
Political power has various levels - from the councillor of a local government body to the highest in the land they enjoy various levels of power. They attempt to tilt the scale of the legal virgin according to their levels of power. This is what is indicated when the JSC states “It is regrettable to note that the JSC has been subjected to threats and intimidation from persons holding different status.” A cabinet minister gets his henchmen to pelt stones at a courts complex. The ordinary citizen who would never dream of such an attempt suspects that it was the act of an extraordinary being.
Meanwhile, the President addressing the meeting of heads of media institutions last month said no one would be allowed to tamper with the independence of the judiciary. The general public may have been joyous at this statement of the President who represents the executive, one of the pillars of democracy. This would have put to rest any suspicion the public had regarding the influences on the judiciary. However, the wrath within the government wouldn’t have ended.
Also, according to reports there is an alleged attempt by the Government to bring forward a charge that the Secretary to the JSC had threatened a female judge. Julian Assange, the editor-in-chief and founder of WikiLeaks, who exposed the truth about the USA and is now under the protection of the Ecuadorian embassy in London, too has been charged with rape and assault of a woman. Thousands of geographical kilometres are between the two actions. However, when it comes to the behaviour of capitalism, they are way too close.