Law is a field where everyone criticises their colleagues. That is why most of the time, people make it light of one legal expert criticising other. But, that does not mean that the arguments are not valid. Especially when the criticism is directed towards morality and ethical make-up of the Supreme Court judges. When the criticism reaches to such a level, then it becomes important to listen to them.
Justice S N Dhingra(retd.) criticises Supreme Court
Prominent Jurist (retd.) S N Dhingra has come out all guns blazing over the unsolicited comments made by Judges Surya Kant and JB Purdiwaala. In his interview with the News18, Dhingra handed over possibly the worst kind of criticism for any Judge in the country, let alone be the Judges of Supreme Court. Apparently, Dhingra told those judges to become a politician if they want to deliver a speech.
सुप्रीम कोर्ट की नूपुर शर्मा पर की गई टिप्पणी पर रिटायर्ड न्यायाधीश एस एन ढींगरा का जवाब एक बार अवश्य सुनना चाहिए।👇
It is pertinent to note that Supreme Court Judges have always been against any kind of outside intervention in SC’s working. Its collegium system was established to give a voice to the opinion of political setup in appointing judges but it was twisted over decades by the Apex Court judges themselves. Currently, the Higher Judiciary appoints its own judges. When the Modi government came up with NJAC, SC had no qualms in terming it as Unconstitutional and striking it down. It blocked any chances of people of the country having any say in the process. Now, when former Jurists are themselves accusing it of behaving like a political institution, it comes off as a pinch of salt for the Honourable Court and Judges working day and night to maintain the institution’s credibility for common folks.
SC needs to check its privileges
Being a Jurist Dhingra also felt free to question Supreme Court about its accountability, something which very few individuals in India can dare to ask. Supreme Court had said that Nupur Sharma was high on power. Retired Jurist applied the same principle to the highest Court of the land. Respect legal luminary opined, “As per my conscience, the same things also apply to the Supreme Court. Supreme Court itself cannot hold anyone guilty without any investigation”
Shri Dhingra then went on to question the relevance of the comments made by two judges in Nupur Sharma case. Evidently, the issue which came before thoise judges had nothing to do with comments made by them. Nupur Sharma was in court to club the multiple number of FIRs filed in the country. On the contrary, the judges orally lectured her about the internal security of the country. Effectively, terming the Apex Court as gutless, Dhingra said, “If the Supreme Court had guts, it would have given those comments as a part of the written order”.
The audacity with which Supreme Court declared Nupur Sharma as guilty also and that too without any due process did not go unnoticed by Dhingra’s expert brain. Additionally, Dhingra also pointed out the absurdity with which Supreme Court ignored its own precedents in giving fair opportunity to Nupur Sharma. Even the doctrine of Contempt of Court was also put under the scanner as it provides a special and privileged position to the legal system of our country.
Justice Dhingra shows the way
The retired Judge could not have chosen a better time to air his opinion. SC’s opinion on Udaipur Killing and Nupur Sharma is not digestible to any section of public intelligentsia, except obviously illogical Islamo-leftists. But, due to Contempt of Court provision, people were criticising the Court in a hushed tone. Even eminent lawyers were not criticising the unnecessary observations made by the Court. We at TFI had also written an open letter fearing loss of various rights availed to us by the Constitution. Interestingly, Constitution is claimed to be a concise form of moral system given to us by thousands of years of our civilisational ethos.
By inviting the democratic wrath of common people of the country, Judges not only undermined their own legitimacy, but also put the Constitution under scrutiny. It is a welcome move by Justice Dhingra to step up and question the Supreme Court. Hopefully, the Court will listen and change its ways or provide argument in support of the comments it made about Nupur Sharma.
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