Allegations of a significant ‘double standard’ in judicial proceedings have emerged in Jharkhand, stemming from the contrasting speeds at which different cases are addressed. While the appointment of key information commissioners and the implementation of the PESA Act remain inordinately delayed, an eviction from RIMS hospital grounds was completed in just three days following a court order.
Former MLA candidate and Adivasi Mulbasi Janadhikar Manch leader, Vijay Shankar Nayak, has brought these disparities to the attention of the President and the Chief Justice of India via a joint email. His correspondence highlights that public interest litigations concerning the State Information Commission and the PESA Act have been pending for over five years in the Jharkhand High Court, with little progress beyond procedural steps. This prolonged inaction impedes the Right to Information and weakens the constitutional rights of tribal communities in scheduled areas.
In sharp contrast, the Jharkhand High Court’s directive to remove encroachments from the RIMS campus saw immediate administrative action within 72 hours. This dramatic difference in response times fuels concerns that judicial rigor might be deliberately softened in cases involving state apparatus or influential entities, while swift and decisive action is the norm for matters involving the general populace. Such inconsistencies are viewed as a direct challenge to Article 14 (equality), Article 19(1)(a) (freedom of speech and expression, including access to information), and the fundamental principles of justice and fairness guaranteed by the Constitution.
