Judiciary should become more vigilant in protecting individual liberty: Former SC Judge

In the session that reflects the core issues highlighting The fine line between Judicial Overreach and Executive Inaction, eminent guests, Jurist & Member of Parliament Dr. Abhishek Manu Singhvi; Former Supreme Court Judge Justice Ashok Kumar Ganguly and Advocate General of Assam Devajit Saikia make their observations on the same at the India Today Conclave East – 2022. 

Since the 1980s, when the Supreme Court relaxed the requirement of locus standi and began hearing public interest litigations, the Indian judiciary has been widely praised for broadening the scope of fundamental rights (PILs).

However, not all PILs are about the enforcement of rights. Regardless of political ideology, successive governments have frowned on unwarranted judicial intervention in policy matters.

Advocating the same and why both journalists and the judicial system should restrain from hampering the administration of justice through distorted, incomplete observations. 

Professing the same, Jurist & Member of Parliament Dr. Abhishek Manu Singhvi while making an observation on Nupur Sharma case, says that whenever a litigant initiates an action in the Supreme Court, he takes incomitant risk. ‘’The Court while dealing with the matter is a part of the interactive. We are dismissing the plea based on Arnab Goswami’s judgement. This is a perfectly legitimate interactive process. It does not affect the Nupur sharma’s legal rights,’’ said Dr Singhvi. 

‘’It is wrong to lampoon judges and slam them on social media. If you have delicate toes and fingers then don’t go to the Supreme Court,’’ added Dr Singhvi.

Supporting the same, Attorney General of Assam Devajit Saikia professed,  ‘’These days, many oral orbservations are being reported rather than order passed which is very unfortunate way of reporting things. What is being reported is sensational. It is true that the mere oral observation is not binding on anybody. What is there in the reasoning of the order that will bind which is never reported.’’

Justice Ashok Kumar Ganguly while reiterating the point of individual liberty said that the judiciary should become more vigilant in protecting individual liberty. 

Calling the arrest of Teesta Setalvad an unfortunate incident right after Prime Minister Narendra Modi was given clean chit in 2002 Gujarat riots, Justice Ganguly states that the judiciary shouldn’t be influenced by the media or the executive.

Congress MP Abhishek Manu Singhvi supporting the remarks made by Justice Ganguly adds further that judges should be functioning independently without the interference of the government. Failing which the government gets a license to unleash bricks and sticks against the person like in the case of Teesta. 

Devajit Saikia while enumerating the points made by Justice Ganguly and Congress MP Singhvi said,    ‘’Earlier the deliberations of the final judgement was reported, rather than the judgement itself. Judges want to know the root and the mind of the case, but the final judgement is reported later nowadays, which is very unfortunate.’’ 

‘’Judges should always exercise restrain as certain observations if made public takes a different turn. And it is very difficult to restrain the reporters, as it is their fundamental right. But at the same time reporters also have a responsibility while reporting so that the administration of justice does not suffer,’’ said Justice Ganguly.