The judicial system is said to be the strongest pillar in Indian democracy, whose job is to do justice to the people of India.
Over the last few years, when the very idea of democracy seems to be blurring out, the role of the judicial system has become supercritical. In the era of fake news and fake propaganda, the judicial system is the last hope to get justice for the common man.
As the political drama is being unfolded in India, various judgments by the judiciary have either strengthened or weakened the very trust in the Indian judicial system.
Note: Views expressed are totally personal and no intent to hurt the honor and prestige of the highest judiciary. It is a common man’s perspective on various judgments in the last few years. Corrections are welcome.
Top few judgments that have significantly weaken the faith and trust of a common man in the Indian Judicial system
- Prasad Education Trust case handled by ex CJI Deepak Misra
- Under suspicion death of Justice B.H.Loya
- Case of the validity of electoral bonds in an election
- Case of the validity of revocation of Article 370 in Kashmir
- The case against the revocation of 4G internet and basic human rights in Kashmir post-dilution of Article 370
- Th unruly detention of Kashmiri politician for over a year under Public Security Act (PSA)
- Case of usage of public places to protest (Shaheen Bagh)
- Case of Babri Masjid demolition in 1992
- Contempt of court against Prashant Bhushan
- 0 intervention of court while mass migration of workers was happening
- EX CJI became an MP
- Sealed covered responses
- Personal liberty- A joke?
Prasad Education Trust case handled by ex CJI Deepak Misra
A UP-based Prasad Education Trust case started when the trust was banned by the Govt to intake any more medical students. This was alleged that the owner of the trust reached out to the judicial system outside court and made a “settlement” with ex CJI, Deepak Misra. Alleged by Congress, that Dipak Misra may have been involved in the conspiracy of paying illegal gratification in the case.
Ex CJI heard the case (in which he was one of the accused) himself and the file was closed. Congress took it seriously and initiated an impeachment motion against the CJI in the parliament.
Case of under suspicion death of Justice B.H.Loya
CBI Court Judge Justice B.H.Loya who was handling a super high profile case against present Home Minister Mr.Amit Shah in an alleged encounter of Sohrabudding & Kausar Bi, died in suspicious circumstances. Sister of late Justice Loya, in an interview with Cobrapost, alleged that he was under immense political pressure and was even offered a bribe of 100 Crore.
When the highest court was expected to initiate an investigation into the case, the case was closed by the highest court without any probe or investigation. Justice Loya was about to deliver a judgment in an alleged fake encounter which was later delivered by a new judge and all accused were acquitted. Case closed.
Case of the validity of electoral bonds in an election
Electoral bond is the new way to fund political parties without naming themselves. This way the parties get a lot of funding from the corporates/individuals which is completely anonymous (Benami funds). Which in a way attacks the very essence of open democracy. When the validity of electoral bonds was challenged in the Supreme Court, ex CJI Justice Gogoi did not stay on the benami funds through which the majority of the fund went to the ruling party, BJP & helped them superbly during the election times.
Case of the validity of revocation of Article 370 in Kashmir
Post revocation of Article 370, the whole state of J&K went into the blockade. Without internet connectivity, phone networks, and curfew. Where we cant imagine without internet even for a day, the blockade remained in J&K for months. When this was challenged in the Court (not revocation but depreciating its people from basic services like internet/phone network) Supreme Court took months and months in the hearing, the court held that “…….That suspension can be utilized for a temporary duration only.”
and “…….Any order suspending internet under the suspension rules is subject to judicial review.”
Whereas The Supreme Court could have held that access to the internet was a fundamental right, given clear orders to the Centre, and constituted a panel to look into Kashmir after the internet shutdown. It did none of this.
This is the time when the highest judiciary failed the very people of India!!!
Detention of Kashmiri politician for over a year under Public Security Act (PSA)
Post revocation of Article 370, the democracy became a mockery for India when leaders of opposition in J&K were detained or house arrest under Public Safety Act for over a year. Challenging it in the highest court did not bring any success.
A democracy without opposition is monarchy.
This was really happening in Kashmir. After almost 13 months ex-CM, Mehbooba Mufti was released from the unruly detention. Supreme Court failed us one more time.
Case of usage of public places to protest
Started from Shaheen Bagh, the Anti-CAA protest became the most remarkable peaceful protest in our times. Many more such Shaheen Bagh were erupted all around the country to protest against CAA. Since Shaheen Bagh is the connecting road between Noida(UP) & Delhi border, petitions were filed against the usage of public places to protest which cause issues to travelers.
Supreme Court in its judgment said “…Public places cannot be occupied indefinitely”, leading to dilution of the very concept of protest by dissents. Once again, court failed to support the dissent and protect the very idea of free speech.
We should remember that Satyagraha brought us independence and it was not done without creating resistance to those in power!!!!
Wherease the actual meaning of protest is when you create the resistance and grab the attention of ruling Govt and Media, there won’t be any point left if the protests do not bring resistance.
Case of demolition of Babri Masjid in 1992
On 6th December, 1992, the Democratic system became a joke for the state. A large crowd gathered around the disputed Babri masjid and demolished parts of it.
After 28 years the final judgement came that all primary accussed in the matter were found not guilty because of lack of evidence.
1992 Babri Masjid demolition led not just riots, killings and looting but a major Hindu-Muslim divide in the country.
For the entire turmoil, not even a single person were sent to jail. Not a single person!!!!!
EX CJI became an MP
Govt body is answerable and accountable to its people wherase Judiciary is there to do the justice with its people. But when these 2 get mixed together, the very idea and foundation of a Democratic system gets hurt.
Ex CJI, Ranjan Gogoi became the MP. Raising further eye brows when he was caught riding a super bike owned by a BJP’s politician’s son. Although he has complete freedom to choose whatever they want, but what’s left to discuss anymore? Judiciary and executive body got mixed. End of the Republic!!!
Personal liberty- A joke?
A high-profile businessman (let’s not call him a media person, because he’s not) was, beating all odds, given the opportunity to be heard by the highest court during Diwali vacation and given bail the next very day he filed a plea. Whereas many many many many common men, activists, scholars, protesters are rotting behind the bars over the years but the court doesn't bother to listen to them. Be it Siddiqui Kappann, Father Stan Swamy, Varavara Rao, Sudha Bharadwaj, the list is never-ending, do not get a hearing let alone bail unlike some ruling party supported media persons.
Personal liberty, a joke!
Note: The title of the article is taken from an editorial published by The Hindu.