Skip to main content

Why shouldn't citizens of India 'deserve to be treated' judiciously by the judiciary?

By Pannalal Surana*
On October 1, 2019 last, the Supreme Court declined to pass interim order to maintain Status Quo about reorganization of the State of Jammu & Kashmir (J&K). The petitions challenged the validity of procedure adopted by the Central government in getting legislation about deleting two clauses of the Article 370.
The petitions also challenged the reorganization of the state bifurcating it into two parts and downgrading them, as also about restrictions imposed on the people and, particularly the media, were submitted in the third week of August, but were not taken up immediately on the specious plea that the authorities should be given time to deal with the extraordinary situation.
Right to freedom of speech and expression are not only guaranteed by the Constitution but also need to be exercised as and when something wrong was being committed by the authorities and hence the Court should help the citizens , instead of the authorities in times of crisis.
A wrong can be averted by discussion while there is time to correct .But the apex court thought otherwise. All those petitions were taken up after the gap of about two months. Not commendable.
When the petitioners reminded the Supreme Court about its decision in the 1975 Additional District Magistrate, Jabalpur case, the apex court said, “There has to be a balance between personal liberty of a person and national security.”
It is surprising to see that the apex court looked at the subject matter of the petitions as personal matter and they preferred to accord more importance to the doings of the Central government as dealing with national security. How was the national security endangered?
Pakistan’s threatening language has become a routine matter. There could be no action perpetrated by any other outside party, while state of J&K was bifurcated and demoted thereby abrogating many rights of the citizens of the state.
Reminded of its decision in a 1975 case, the apex court said: There has to be a balance between personal liberty of a person and national security
The apex court should have given importance to the matter of citizens’ rights being abnegated by the authorities. One feels sorry about the apex court not doing its duty to uphold fundamental rights of a person individually as also of all the present and future generations of J&K citizens.
The apex court undeservedly obliged the authorities by giving more than six weeks time to the Central government and the J&K administration to file their affidavits. Why so many days? In fact, the apex court should have presumed that as the authorities had taken such drastic actions, they should be possessing all the material ready for drafting the affidavits .Why delay the matters? Not fair.
Many persons in the position of responsibility have lauded the performance of the three layers of UK courts in declaring the action of the Prime Minister of UK about suppressing the rights of the Parliament there as “unconstitutional" -- within 27 days.
Citizens of India do deserve to be treated judiciously by the judiciary. Let us hope that the Supreme Court of India will, in future, uphold the high traditions of protecting rights of the citizens from the repressive actions of the arrogant authorities.
---
*President, Socialist Party (India)

Comments

TRENDING

India reaches 8th of 10 stage genocide: US Muslim advocacy group raises 'alert'

By Hena Zuberi* India has reached the 8th stage of genocide with the persecution of the Muslim community. Stating this, Professor Greg Stanton, who heads Genocide Watch, declared a Genocide Emergency Alert for India today at Justice For All online briefing.

Mayawati's 'success' depends on how BSP taps new crop of young Amdekarite leaders

By Vidya Bhushan Rawat*  Whatever be the election results in Uttar Pradesh on March 10, it is extremely important to understand: that the Bahujan Samaj Party (BSP) and its leader Mayawati have the potential to rise like a Phoenix any time.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Anti-poor? 'Cumbersome' to link aadhaar, voter ID for people sans internet access

By Prashant Kumar Chaudhary, Ajit Kumar Jaiswal*  At present, technology plays an increasingly crucial part in modelling human existence by offering a variety of solutions to many of the challenges individuals confront in the real world. As a result, every branch of research works to provides means to solve these difficulties precisely and efficiently. The Central government works along the same lines as well.

India's actual Covid death rate about 2500 per million, third highest in world: Study

By Rajiv Shah  There is now well-researched proof, if it can be called that, indicating that the Government of India may have fudged data to show lower Covid death rate. A new paper, published in “Science”, has said that while officially the Government of India’s Covid-related death estimates as of January 1, 2022 – 345 per million population – are one-seventh of the US death rate, the actual analysis of crude death rate in India suggests, this may be a gross underestimation. 

Democratic leaders silently greeting Modi's 'increasingly autocratic' rule: HRW

Counterview Desk The Human Rights Watch (HRW)’s new “World Report 2022: Events of 2021”, claiming to “investigate abuses, expose facts widely, and pressure those with power to respect rights and secure justice”, has identified India as one of the countries where “autocracy is ascendant and democracy on the decline” because of emergence of leaders with autocratic tendencies.

Barbaric, inhuman attack on Odisha villagers to implement JSW project: NGO networks

Counterview Desk  A “solidarity statement" issued by three top civil society networks, Friends of the Earth India (FoE India), Delhi Solidarity Group (DSG) and the National Alliance of People’s Movements (NAPM), has asked the Odisha chief minister to ensure that the “inhumane barbaric attack on the villagers of Dhinkia, Odisha” in order to implement a corporate project.

Gender insensitive? Model Gujarat's cyclone relief package ignores 40,000 fisherwomen

CSJ volunteers talking to fisherwomen By Rajiv Shah  A Centre for Social Justice (CSJ) note on the Gujarat government’s compensation package to the victims of the devastating Tauktae cyclone, which hit the coastal belt of Saurashtra's Amerli, Rajula, Una, and Gir-Somnath districts in May 2021, has said, the relief offered was so terribly inadequate that many of the fisherfolk were not able to fish for the rest of the year.

Holding militant rallies across Punjab, farmers 'forced' Prime Minister to retreat to Delhi

By Harsh Thakor*  The farmers' spirit, elevated and reverberated at a boiling point in Ferozpur like a spark turning into a prairie fire, appears to be behind Prime Minister Narinder Modi having being compelled to retreat to Delhi due to a virtually boycotted pandal. Demonstrations held just ahead of Modi's visit, especially in Firozpur, seemed to have already created tremors in the belly of the ruling party.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".