Has Judiciary yet again emerged true pillar of India's democracy? ::::: "Supreme Court is regaining public Confidence"

 

New Delhi 

The Supreme Court verdict on Friday has set the stage for Rahul Gandhi's return to Lok Sabha during or before the debate on No Confidence motion.

Another question is, like in the 2018 episode, will Rahul give Prime Minister Narendra Modi a hug again. 

"Their manipulations have been defeated by the majesty of the law," tweeted one AICC member from Karnataka, Aiyshwarya Mahadev.

The Congress leaders and party workers are enthusiastic about the verdict. The Lok Sabha Secretariat will now have to 'consider revoking' the suspension of former Wayanad MP only after getting a copy of the order from the Supreme Court. 

“The court order will be studied ...," the obvious reaction came from official sources in no time. 

Staying the conviction the Supreme Court bench of Justices B R Gavai and P S Narasimha ruled, "....Particularly when the offence was non-compoundable, bailable and cognizable, the least which was expected from the learned trial judge was to give reasons for imposing the maximum punishment." 

The case relates to Rahul Gandhi's "How come all thieves have Modi as the common surname?" remark made during an election rally in Kolar in Karnataka in April, 2019. The Supreme Court nevertheless cautioned public leaders not to make such highly controversial remarks.

"There is no doubt that utterances are not in good taste, person in public life is expected to exercise caution ..... he (Rahul Gandhi) ought to have been more careful."  

"It's a happy day. I will write and speak to the Lok Sabha Speaker today itself," Congress MP Adhir Ranjan Chowdhury said. Rahul Gandhi had gone to the Supreme Court after a sessions court in Surat, and then the Gujarat High Court refused to put his conviction on hold.

This stay order now makes it possible for Rahul Gandhi to return to the present House and perhaps more importantly, he can now contest the 2024 parliamentary polls as well. This verdict from the apex court and the ongoing trial related to Manipur violence should be also seen as two minor but crucial symbols of the 'victory' of India's democracy and one of its chief pillars, the Judiciary.

Manipur DGP Rajiv Singh has been summoned by a Bench headed by Chief Justice D T Chandrachud on Monday, Aug 7 for 'tardy' investigation into some heinous crimes in Manipur.

Summoning of the police chief has generated hopes that at least police investigations in order to deliver justice in these cases will be put on track. 

Importantly, Rahul Gandhi had submitted before the Supreme Court that his conviction will "contribute to the systematic, repetitive emasculation of democratic institutions and the consequent strangulation of democracy".

Putting these two matters and perhaps a large number of cases in Supreme Court as well as High Courts across India, there are other takeaways which ought to be studied from a close range and on priority.

The Law Commission in 1987 had recommended 50 judges per million, in 2013, there were 15.5 per million. 

One senior legal counsel and also a practicing politician (irrespective of party affiliation) once said, "Sometimes deleterious adjournments are sought and granted only for delaying the cases".

Another data claimed a few years back,the government itself is a litigant in about 70 percent pending cases in India. Moreover, there is an estimation that more than 60 percent of litigation in the country is between and amongst the Centre, the State, its undertakings and various local authorities.

This phenomenon costs the exchequer (funds starved state govts and Centre) but also wastes time of the courts.

Some judicial reforms have been happening nevertheless.

It has to be appreciated that a few years back after Australia and New Zealand, India
became the third country to set up a full fledged 'Environmental courts'.

There have been a few speedy trials as well. 

The trial of the 26/11 terror attacks in Mumbai made history. It is the 'fastest' high profile trial for such a sensitive case. The trial concluded in just 271 days and Ajmal Kasab was served with capital punishment.

One of the quickest rape trials to be conducted was in Alwar in 2006 where a German tourist was raped by the son of an Odisha IPS officer.

As part of the reforms, the video coverage of court proceedings has already started. This shall bring in transparency and prevent lawyers from engaging in delaying tactics. The live coverage and video shooting of the proceedings have already been proved immensely successful in  New, Mexico, Namibia,the US, the UK and Australia,

 

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Therie

Supreme Court is regaining public Confidence under CJI Chandrachud, says K Therie 

New Delhi 

On a day the Supreme Court gave a stay order to conviction of Rahul Gandhi in a defamation case, senior Naga Congress leader Kewephape Therie said, "the Supreme Court is regaining public Confidence". 

"We are all delighted. Judiciary is the pillar of India's democracy. Upholding the moral and spirit of justice provided in the Constitution has strengthened the value of India," Therie told 'Nagaland Page'. 

'I ought to say the Supreme Court is regaining public Confidence under the leadership of CJI D Y Chandrachud. I am stating this because I lost confidence in the judiciary in many judgments under BJPs rule," he stated.

Answering questions, the former Nagaland pradesh Congress chief said, "Today's verdict also shows respect to the people's verdict. It also has upheld freedom of expression. BJP's conspiracy has been defeated by the highest court of the land".

He said, BJP has done a mistake by giving such a huge political advantage to Rahul Gandhi and his admirers. 

"The Lok Sabha secretariat in May revoked the disqualification of Lakshadweep MP, Mohammad Faizal, after the Kerala High Court suspended his conviction and 10-year sentence in a criminal case," Therie said. 

Congress floor leader Adhir Ranjan Chowdhury has already taken up the matter to restore Rahul's disqualification with Lok Sabha Speaker Om Birla. 

"We respect the court's order. But we will continue our legal battle on behalf of the community," said BJP leader Purnesh Modi. 

Incidentally, the debate on No Confidence Motion against the Modi government will be taken up between Aug 8th and 10th. 

ends 

CJI Chandrachud