Pressure groups trying to use social media to affect outcome of cases: Ex CJI Chandrachud
New Delhi, Nov 24: Former Chief Justice D Y Chandrachud on Sunday said social media is being used by special interest groups to influence outcome of cases and judges need to be wary of them.
He also noted that people nowadays want to form an opinion on the basis of 20 seconds they see on YouTube or any other social media platform, saying it poses a great danger.
"Today there are special interest groups, pressure groups who are trying to use social media to affect the minds of the courts and the outcomes of cases. Every citizen is entitled to understand what is the basis of a decision and to express their opinions on the decisions of the court. But when this goes beyond the decisions of the court and targets individual judges, then it sort of raises fundamental questions about - Is this truly freedom of speech and expression?" he said.
"Everybody, therefore wants to form an opinion in 20 seconds of what they see on YouTube or any social media platform. This poses a grave danger because the process of decision-making in the courts is far more serious. It is really nuanced that nobody has the patience or the tolerance today on social media to understand, and that is a very serious issue that is confronting the Indian judiciary," he said while speaking at NDTV India's Samvidhan@75 Conclave.
"Judges have to be very careful about the fact that they are constantly being subject to this barrage of special interest groups trying to alter the decisions of what happens in the courts," he said while replying to a question on whether trolling on social media impacts judges.
Chandrachud also said that in a democracy the power to decide the validity of laws is entrusted to the constitutional courts.
"Separation of powers postulates that law-making will be carried out by the legislature, execution of law will be carried out by the executive and the judiciary will interpret the law and decide the disputes. There are times when this comes under strain. Policy making is entrusted to the government in a democracy.
"When fundamental rights are involved, courts are duty bound under the Constitution to step in. Policy making is the job of the legislature, but deciding on its validity is the job and responsibility of the courts," Chandrachud said.
Defending the collegium system, the 50th CJI said there is a lot of misunderstanding about the process and it very nuanced and multi-layered.
"It's not as if the judiciary has exclusive role to play in appointment of judges," he said adding that first thing to be considered in seniority of judges.
When asked, if judges should enter politics, the former CJI said there is no bar in Constitution or in law to do so.
"Society continues to look at you as a judge even after retirement, therefore, things which are alright for other citizens to do would not be alright for judges to do even when they demit office.
"Primarily it is for every judge to take a call on whether a decision which he takes after retirement will have a bearing on people who assess the work which he did as a judge," he said.
Chandrachud retired on November 10 after a stint of two years as CJI.
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'Well-planned conspiracy by UP CM Adityanath, BJP-RSS': Cong on Sambhal violence
New Delhi, Nov 24: In the wake of violence in Uttar Pradesh's Sambhal, the Congress on Sunday alleged that the Yogi Adityanath administration is squarely responsible for killing innocents and only the BJP-RSS is guilty of "setting fire" to the peace and harmony there.
The opposition party said the videos of direct firing on the protesters in Sambhal depict the horrifying result of a "well-planned conspiracy" by Adityanath and the BJP-RSS.
Congress' media and publicity department head Pawan Khera said Adityanath's administration has once again shown a blatant disregard for communal harmony.
"In this entire matter, the BJP neither wanted the survey to proceed nor to stop it; its sole objective was to destroy harmony," he alleged.
Three people were killed and scores of others, including around 20 security personnel, were injured as the protesters opposing a court-ordered survey of a Mughal-era mosque Sambhal clashed with police on Sunday.
"No citizen in Uttar Pradesh is 'safe' under CM Adityanath, who gave the reprehensible slogan of 'Batenge toh Katenge'. This is evident by the highly deplorable incidents of Sambhal today," Khera said in a statement.
The videos of direct firing on the protesters in Sambhal depict the horrifying result of a "well-planned conspiracy" by Adityanath and the BJP-RSS, he alleged.
Western Uttar Pradesh, which has been a symbol of goodwill and harmony for years, has today witnessed three people killed and many injured under a "well-planned conspiracy", the Congress leader said.
"We say with full responsibility that the Adityanath administration is squarely responsible for killing innocents and only the BJP-RSS is guilty of setting fire to the peace and harmony of Sambhal. Modi-Yogi 'double assault' governments, which consider the minority community as second-class citizens, hurriedly got a petition filed in court," Khera said.
It is public knowledge that the court ordered an immediate survey without hearing the other side, he said.
"No action was taken against the rioters who accompanied the survey team. This makes it clear that after the by-elections in the state, the Yogi government has further intensified the politics of violence and hatred," he added.
The Congress leader said that questions are being raised about the role of the police and the administration because many innocent people have lost their lives in this violence and more than two dozen people have been injured.
"Inciting communal hatred and driving a wedge between two communities - is the DNA of BJP-RSS!" Khera said.
"On one hand, there is an empty slogan of 'Ek Hai Toh Safe Hain' - on the other hand, they divide communities! On one hand, there is lie of 'Sabka Saath- Sabka Vishwas' that has been going on for a decade, on the other hand, the minority community is constantly being targeted in Uttar Pradesh," he added.
The BJP government in Uttar Pradesh is destroying communal harmony and brotherhood for political gains, which is highly condemnable and objectionable, Khera said.
"We appeal to the BJP to prioritize the nation's interests over their political ambitions," he added.
"We want to ask Prime Minister Modi and Chief Minister Adityanath whether they will follow the statement of their own Mohan Bhagwat ji in June 2022 (even if it is pretentious!) in which he said that 'History is something that we cannot change. Neither today's Hindus nor today's Muslims made it, it happened at that time.... Why see Shivling in every mosque?.... Now we do not have to do any agitation..?'" Khera said.
"Neither Modi ji, nor Chief Minister Adityanath nor Mohan Bhagwat ji have the answer to this!" he added.
Khera said Rahul Gandhi has been continuously and stridently talked about 'Nafrat Ke Bazaar Mein Mohabbat Ki Dukaan' and in such a situation, an appeal is made to the people of Sambhal to recognise the politics of hatred, maintain mutual unity, amity and harmony, and take steps to protect their rights in a legal manner.
Moradabad Divisional Commissioner Aunjaneya Kumar Singh said the protesters torched vehicles and pelted stones at the police, who used tear gas and batons to disperse the mob.
"Shots were fired by the miscreants... the PRO of the superintendent of police suffered a gunshot to the leg, the police circle officer was hit by pellets and 15 to 20 security personnel were injured in the violence," he said.
Singh said that a constable also suffered a serious head injury, while the deputy collector fractured his leg.
Internet services have been suspended in Sambhal tehsil for 24 hours and the district administration declared a holiday on November 25 for all students up to Class 12.
Purported images shared on social media showed the protesters pelting stones at cops from atop buildings and in front of the Shahi Jama Masjid. Later, the police personnel were purportedly seen cornering and hitting people as they tried to disperse a large crowd in a narrow alleyway.
Our statement on the tragic and avoidable riots in Sambhal:
— Pawan Khera 🇮🇳 (@Pawankhera) November 24, 2024
संभल में हुए दुखद एवं परिहार्य दंगों पर कांग्रेस पार्टी का वक्तव्य: pic.twitter.com/uOpKjYbw8g
