A former Supreme Court judge, in a scathing attack on the top court, has said that its track record in the last eight years has been disappointing.
Why disappointing? Justice V Gopala Gowda, who retired in 2016, highlighted on Saturday, 7 January, that before 2014 "the apex court was not hesitant in going against the central executive in matters involving high political stakes."
However, after that, he pointed out that the Supreme Court has refused to hear important cases related to the abrogation of Article 370 and electoral bonds.
Pre-2014: The former judge spoke about several instances where the Supreme Court had stood up to the executive before 2014.
He said:
"The apex court was not hesitant in going against the central executive in matters involving high political stakes, be it in the cancellation of 2G licenses and coal gate case."
"The Court also passed several oral remarks, including the famous 'CBI is caged parrot' remark."
"Judiciary was seen as a crusader against corruption."
But post-2014 "the Supreme Court presented a weaker self," Justice Gowda added.
He was especially critical of the top court's verdict in "politically charged cases" like:
> The Ayodhya case (which allowed the construction of Ram Mandir where Babri Masjid once stood before its demolition)
The Ayodhya judgment has made the right reactionary forces claim Gyanvapi mosque and other mosques in the country, despite the law enacted in 1991(Places of Worship Act). This is a great threat to the Republic of India, a multi-religious country.
> The Sahara-Birla case (where enquiry was sought against PM Narendra Modi)
> The Judge Loya case (where enquiry was sought regarding death of judge trying the case against Amit Shah)
The Bhima-Koregaon case (where public intellectuals, activists & journalists were arrested)
His critique didn't stop there.
Demonetisation: He lauded Justice BV Nagarathna for her dissenting verdict in the demonetisation case, while pointing out that it was evident that there was no independent exercise of statutory powers by the RBI during the exercise.
"The lonely judge had the courage and conviction to uphold the Constitutional democracy in this country," he said.
State of minorities: Commenting on this, he said that "minorities in the country are frightened today."
According to him, the "democratic decay" has caused "immense social and economic harm" to Dalits and Adivasis.
And, "the Muslims are in fear psychosis for their existence."
Siddique Kappan: Hinting at the immediate relief granted by the top court to journalist Arnab Goswami, Justice Gowda said:
When a journalist from Bombay was arrested, the Supreme Court granted him bail in one day, though his bail petition was pending in the trial court. However, when Siddique Kappan's case came, the Supreme Court asked him to go to the lower court.
The former judge was addressing a National Convention on Save Constitution, Save Democracy organised by the All India Lawyers Union, Delhi Union of Journalists and Democratic Teachers Front.
While beginning his speech he had said that during the last eight years, the values of liberty, equality and fraternity had been endangered with "attempts to transform the democratic state into a Hindu fascist state."
(With inputs from LiveLaw.)
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