As CJI, D Y Chandrachud let justice down

2 hours ago 1

Nov 18, 2024 02:20 IST First published on: Nov 18, 2024 astatine 04:20 IST

For astir a decade, determination has been a feeling among a ample conception of citizens that authoritarianism is gaining crushed and what is needed is simply a beardown and autarkic judiciary. When erstwhile Chief Justice of India D Y Chandrachud took over, radical saw him arsenic idiosyncratic who would stem the rot and crook the tide. They were proved wrong.

While it is hard to foretell however posterity volition justice him, helium has near a large woody to beryllium desired. Surely, helium could person done much to reconstruct people’s religion successful the Supreme Court. Thousands of radical are languishing successful jailhouse without bail and trial. In the Supreme Court, too, galore habeas corpus petitions and bail applications are pending. Umar Khalid’s bail exertion has travel to symbolise the apathy of the courts towards idiosyncratic freedom. The erstwhile CJI, portion granting bail to Arnab Goswami, reportedly observed “if this tribunal were not to interfere today, we are travelling successful a way of demolition of idiosyncratic liberty”. Were these words meant lone for a chosen few? He besides reportedly said that helium granted bail from Arnab to Zubair. With the top of respect to him, determination are galore Arnabs and Zubairs who are awaiting akin relief. Should helium not, successful the airy of his ain observations, person constituted dedicated benches to perceive cases involving idiosyncratic liberty, adjacent if the mounting up of Constitution benches took a backseat?

Justice Chandrachud volition beryllium remembered arsenic the CJI who enactment his seal of support connected the Allahabad High Court verdict upholding the Varanasi territory judge’s bid successful the Gyanvapi mosque case, allowing a technological survey by the Archaeological Survey of India of the mosque analyzable to ascertain the veracity of the claims astir a pre-existing Hindu temple. The bid was passed contempt the Places of Worship (Special Provisions) Act 1991, which was intended to enactment a quietus to each specified claims successful the involvement of harmony. Will this bid not embolden immoderate Hindu organisations to laic akin claims connected different mosques, and frankincense endanger communal harmony?

In the lawsuit of the Maharashtra Assembly, though helium passed terrible stricture against the past politician of the authorities for inviting Eknath Shinde to signifier the government, erstwhile it came to reinstating Uddhav Thackeray arsenic Chief Minister, helium declined alleviation connected the crushed that helium had resigned earlier facing the level test. Should helium person allowed a authorities which came into beingness by deceit and manipulation to continue?

In the Chandigarh mayoral election, the Returning Officer was caught connected camera interpolating the ballot papers. CJI Chandrachud called it execution of democracy, and yet, fto him disconnected the hook by simply ordering an enquiry against him nether conception 340 of CrPC.

In the lawsuit of the Electoral Bond Scheme, portion the strategy was struck down arsenic unconstitutional, a SIT was not formed to spell into the allegations of quid pro quo betwixt the corporates and the politicians. And wherefore was a part-heard substance abruptly withdrawn from the tribunal of Justice Sanjay Kishan Kaul connected the eve of his retirement? The sphinx-like soundlessness speaks loud.

Much has been said astir the Prime Minister’s sojourn to the erstwhile CJI’s location for Ganpati Puja. He tried to warrant the sojourn by describing it arsenic portion of continuing meetings betwixt the judiciary and the enforcement astatine a societal level. He reportedly said: “Deals are not chopped similar this”. But it was each astir propriety. Judges are expected to support a grade of region from the governmental people — due to the fact that judges clasp an bureau of nationalist spot and the actions of the erstwhile often travel nether the scrutiny of the latter. Any backstage enactment betwixt the 2 tin shingle people’s religion successful the judiciary. But the erstwhile CJI recovered thing incorrect successful specified meetings. Thereby the codification which judges had voluntarily adopted nether the stewardship of the past CJI J S Verma, was near successful the dust.

Finally, his revelation that helium penned the Ayodhya judgement aft seeking guidance from his deity leaves 1 wondering: What happens to the Constitution and the laws?

Goodbye, Chief Justice Chandrachud.

The writer is simply a erstwhile justice of the Delhi High Court

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