The aura of the judiciary, its credibility, the trust and faith people have in it are endangered ~ from within. The “cow order” from Mr Justice Mahesh Chand Sharma of the Rajasthan High Court only adds to concerns raised in the wake of the shenanigans of a judge of the Calcutta High Court, and a former judge of the apex court having to formally apologise to his “juniors”. This, perhaps, is not the best occasion to revive the contentious argument over higher judicial appointments, but it would be fair to ask “brother judges” if they are not embarrassed by some of their colleagues on the Bench. That the citizens have lost confidence in the political leadership is an accepted reality, it is a “given” that bureaucrats toe their line ~ some would argue even the Army is following suit. Yet thus far the judiciary has been hailed as the only strut in the “iron frame” that has not buckled: hence “maverick” judges are something the system can illafford.

It is true that Mr Justice Sharma’s order had nothing to do with the controversial new regulations on the sale of cattle, yet he could not have been unaware of the prevailing climate in which the cow is being used for partisan political purposes. He was fully entitled to hail the cow, even criticise those who disrespected it, but was he required to cite chapter and verse from one religious scripture to support his view? Did that not indicate a bias that goes against the secular roots of the judiciary? It would cause no surprise if an exercise was now initiated to “identify” similar thinking in some of his previous orders.

That it was on his last day in office that he issued the order seeking that the cow be declared the national animal, life imprisonment be awarded to those who killed it etc. suggested a long nurtured bent of mind. That he was alive to the state government not being empowered to declare the cow a “national” animal was evident from his ordering specific action by the Rajasthan government. Was that evidence of administrative arrogance? When he proceeded to expand upon his order to the media it pointed to his playing for higher stakes. Let the legal eagles determine how “binding” is his order.

What is apparent from the recent rash of questionable judicial actions is the need for the highest level of the judiciary to upgrade whatever mechanism (if any) is in place to monitor the functioning of the High Courts, and further down the chain of judicial authority.

Injudicious elements must be weeded out quite simply because there is no simple method for securing redress from skewed orders. The Chief Justice and the Supreme Court may be overworked ~ they cannot duck this duty.