A significant judicial paradox is unfolding in Jharkhand, where long-pending constitutional matters are contrasted with lightning-fast administrative action in other cases. The prolonged delay in filling positions within the State Information Commission and ensuring the effective application of the PESA Act stands in stark opposition to the rapid eviction of encroachments from the RIMS hospital complex, executed within 72 hours of a judicial order.
This disparity has been formally brought to the notice of the President of India and the Chief Justice of India by Vijay Shankar Nayak, a key figure in the Adivasi Mulbasi Janadhikar Manch. In a joint communication, Nayak emphasized that public interest litigations related to these crucial issues have remained unresolved for over five years at the Jharkhand High Court. This stagnation has effectively paralyzed the Right to Information mechanism and undermined the self-governance rights of tribal populations in scheduled areas, despite Supreme Court directives advocating for timely disposal of cases.
The swift response to the RIMS encroachment issue, occurring within three days, highlights a concerning trend of selective judicial enforcement. Critics argue that this inconsistency implies a potential dilution of accountability for powerful bodies while ordinary citizens face immediate and stringent legal repercussions. This situation not only erodes public confidence in the judicial system but also directly impacts the constitutional rights of citizens, particularly tribal communities, raising questions about the equitable application of justice in the state.