Judicial Nemesis : A Critical Study of the Indian Legal System

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Is this sudden overnight metamorphosis; from, yesterdays man with all his ambitions, personal bias and with personal greed and aggrandizement...to a today’s man dis¬passionate, honest, selfless, unbiased, unruffled by past fads and past likes and dislikes...and has now imbibed overnight all the attributes that we ascribe to a high court Judge; a true miracle? Is it on the other hand, a mirage, a sham and deceptive facade...to bewilder the society at large and baffle it to its acceptance.Why should the Judges feel shy of leaving record of what they do in the court? One cannot contradict the view that such attitude of the judges is to hide their incapacity...and their vested way of dealing with a matter.It is therefore imperative...we must have a very powerful and highly organised body of Ombudsman... It must not be misconstrued to mean that Ombudsman should be an appellate court.No amount of effort, analysis and incisiveness would be exaggerated...in no case should be allowed to fall short of the absolute.“One may not necessarily agree with each and every observation made, conclusions drawn or remedy suggested by the author in this book on its very first reading. But, it can hardly be disputed that all these observations, conclusions and remedies are thought pro¬voking which indubitably merit thorough deliberation at different levels before they are accepted or rejected.”Justice I.K. KotwalFormer Judge of the High Court of Jammu and Kashmir About Author: Dr. R.N. Bhat is an eminent and noted physician of Jammu and Kashmir State. All his ancestors including his father Hakim Shyam Lal Bhat and his grandfather Hakim Sehaz Bhat have been great physicians of repute of Kashmir synonymous with Kindness, Learning, Nobility, Philanthropy, Secularism and great professional skill. Dr. Bhat has worked scrupulously, honestly and without any compromise on his principles. His tenacity of character is proverbial in the state. On account of his resolute nature and his rather quick disposition and response he has, sometimes, been misunderstood.His firmness of character, his honesty and somewhat exceptional demeanour brought him, naturally, to conflict with the Govern¬ment of Jammu and Kashmir during the period of Sheikh Mohamad Abdullah’s Chief Ministership. Unable to compromise with the wrongs being done resulted in his “voluntary” retirement from Government Service in 1979 about a decade before his actual date of superannuation. It is an irony that Sheikh Mohamad Abdullah who was under his treatment during the period (1975-79) repeatedly applauded his work, and a number of times during his official visits, Dr. Bhat was an important part of his entourage.He has keen interest in the knowledge of law and has in-depth study of the post-independence legal system prevailing in the country. This he has imbibed over the years from his childhood.His official assignments besides Medical Officer, Physician and Professor of Medicine have been Superintendent of the Jails at Poonch, Batkot and Kud.