Demanding Justice cannot be Contempt of Court
When a Member of Parliament states openly that ‘We are here to change the Constitution,’ the Judiciary pretends to be deaf. When a politician says that ‘the country should become a Hindu state’, the Supreme Court does not consider it as a challenge to the Constitution or the Judiciary itself. The Judiciary has never recognized as contempt of court several statements challenging democracy and Constitution on Facebook and Twitter. But the moment a senior lawyer and thinker out of concern issues a statement on Twitter about the state of the Constitution and the Judiciary, immediately the court registers a suo motu case and initiates action against him. The country has witnessed allegations that “Leaders in office are progressively killing the Constitution and are purchasing the Judiciary”. But, in the ‘Contempt of Court’ case against Prashanth Bhushan, we should perhaps be anxious whether the Judiciary is on a suicidal path.
Prashanth Bhushan’s tweet is as follows: “When historians in the future record how democracy was destroyed in the past six years without officially declaring a state of emergency, they will recognize the role of the Supreme Court and specifically, the role of four Supreme Court Judges.” In this tweet, more than committing an act of Contempt of Court, he expressed his anguish over the weakness of the Judiciary. When the Judiciary, which is expected to play the most significant role in protecting democracy, loses its sense of purpose and direction and when the Government tries to control it, Constitutional experts and thinkers have come out and supported the Judiciary by taking on the Government. This is not a recent development and has been the case right from the days of Indira Gandhi to the present days of Narendra Modi. When Indira Gandhi imposed emergency, the Judiciary supported the people. It was even responsible for sending Indira Gandhi to jail. When the government misused its power, people approached the Judiciary as a last resort. It is therefore important that even if the government becomes directionless, the Judiciary should not lose its way. Whenever the Judiciary has failed to discharge its responsibilities, it has dealt a blow to the Constitution. If a democratically elected leader adopts a dictatorial stand repeatedly, it means the Judiciary has not been performing its duties adequately. Bhushan has expressed these views in his tweets.
Not only Prashanth Bhushan but several leaders and thinkers have also expressed anguish that the country is facing an undeclared emergency. Compared to an emergency that is declared officially, an undeclared emergency in the guise of democracy is more dangerous. In such a situation, governments start taking decisions citing the Constitution, but the decisions are anti-Constitutional in reality. This is exactly what is happening in the country. If the Judiciary is forthright and is committed to the Constitution, such a situation would not have been created. Allegations that Judges are looking away from the Constitution and are issuing orders to please the rulers are being heard all over the country. Many orders issued by the Judiciary are very confusing and weak and are being discussed extensively in the public domain. The number of Judges with an attitude that the orders of the court must be accepted irrespective of whether they are in accordance with the Constitution and based on evidence are increasing by the day. In such a situation, if the country has been subjected to a state of undeclared emergency, then the Judiciary must take complete responsibility. If Prashanth Bhushan issues a warning, how does it amount to ‘contempt of court’?
Some time ago, a few Judges of the Supreme Court had openly criticized the Chief Justice in a press conference. This revolt in the Supreme Court was discussed extensively in the country. But, it was not considered as ‘contempt of court’ and cases were not filed against them. The person who convened the press conference subsequently became the Chief Justice. But Prashanth Bhushan did not humiliate the Judiciary in this manner. If a senior lawyer does not have the freedom to express anguish over the country’s democracy in a tweet, doesn’t it mean that this country is in a state of ‘undeclared emergency,’ as Bhushan stated? A Judge who gives himself a clean chit over allegations of sexual harassment, a Judiciary that hesitates to speak up against the government when people’s fundamental rights in Kashmir are completely repressed, a Judiciary that hesitates to clearly speak up about the controversial Citizenship Amendment Act, and a Judiciary that makes sure that it scuttles investigation into the Rafale deal. These are some examples that show that the Judiciary is not in favor of the people but is out to please the government. Bhushan has been repeatedly speaking against these developments. People are now left to wonder if he has incurred the wrath of the Judiciary merely because he has been a critic of the present government and an effective human rights activist. Such public skepticism does not augur well for the health of a democracy. If Bhushan is punished, then the concept of freedom of expression itself would appear farcical. The day is not too far off when the entire country will turn into a prison if every act of criticizing the government is considered seditious and if every demand for justice is treated as contempt of court.
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Modi should leverage his ties with world leaders to de-escalate war in West Asia: Omar Abdullah
Jammu (PTI): Jammu and Kashmir Chief Minister Omar Abdullah on Monday said India can play a meaningful role in de-escalation in West Asia, given Prime Minister Narendra Modi's strong relations with the warring countries and their neighbours.
He said Pakistan was leveraging ties with Iran and the United States, and that any effort towards ending the war should be welcomed.
"As I said in the House (Assembly), we would like the war to end as soon as possible. The role that the prime minister can play may not be possible for anyone else because of his good relations with all these countries," Abdullah told reporters on the sidelines of a function here.
He, however, said any escalation would not be easy to manage.
"Any such move by US President Donald Trump, despite the long history of Iran resisting external domination, would not be easy," the chief minister said.
Asked about Pakistan mediating in the war, he said, "I will simply say that if any country can play a role in preventing this war, no one should have any objection to it."
He added, "I will repeat what I said … our prime minister has good and close relations with all countries — whether it is Israel, the United States, Iran, or the countries around Iran. If those relationships can be used to make some progress and help ease the situation, it would be a good thing."
Abdullah said attacks by terror groups like Lashkar-e-Taiba and Jaish-e-Mohammed in India, as suggested by a report from the United States, are not unlikely.
Meanwhile, he asserted that any efforts to end the war, be it from Pakistan, must not be resisted.
"Pakistan is using its good relations with Iran and the United States to its advantage, and it has done so. How can we object to that? If that angle helps in stopping the war, would you want them not to act and let the war continue? We want the war to stop. If any country can play a role in that, it should. And if we can play an even better role, then we should do so," he said.
On unemployment in J-K, the chief minister said the issue cannot be resolved overnight, and government jobs alone are not the solution.
He stressed the need to explore alternative avenues, highlighting the importance of Mission Yuva in promoting entrepreneurship.
"Mission Yuva provides not just funding but also support in preparing DPRs and post-startup assistance, such as marketing. In just nine months, distributing Rs 1,000 crore and approving numerous schemes is a significant achievement," he said.
Abdullah credited the coordination between the government and Jammu and Kashmir Bank for the scheme's progress.
