Serious questions are being raised regarding judicial disparities in Jharkhand, highlighted by contrasting administrative actions. While crucial issues like appointments to the State Information Commission and the implementation of the PESA Act have languished for years, a swift and decisive eviction from the RIMS hospital complex occurred within just 72 hours of a high court order. This stark difference has prompted calls for accountability and equitable justice.
Vijay Shankar Nayak, Central Vice-President of the Adivasi Mulbasi Janadhikar Manch and a former MLA candidate, has addressed a joint letter to the President of India and the Chief Justice of India, detailing these constitutional concerns. He pointed out that public interest litigations concerning the appointment of Chief Information Commissioners and Information Commissioners, and the effective enforcement of the PESA Act of 1996, have been pending before the Jharkhand High Court for over five years. Despite numerous hearings, affidavits, and supplementary filings, no time-bound or decisive orders have been issued, effectively rendering the Right to Information Act dormant and weakening tribal self-governance in scheduled areas.
Conversely, the eviction from the RIMS premises, following a High Court directive, saw administrative bulldozers in action within three days. This juxtaposition fuels accusations of a deliberate delay in holding government and powerful entities accountable, while swift and stringent measures are applied to matters concerning ordinary citizens. The Supreme Court’s past pronouncements in 2010 and 2011, emphasizing the unacceptability of excessive delays in judgments and urging high courts to publicize information on delayed decisions, underscore the gravity of the current situation in Jharkhand. The ongoing delays are seen as a violation of Article 14 (Right to Equality), Article 19(1)(a) (Right to Information), and the spirit of the Fifth Schedule of the Constitution, posing a threat to democratic and constitutional values, especially in an tribal-dominated state.