Skip to main content

Supreme Court adding substance to the view: It's criminalizing dissent, says PUCL

By 
A Representative
Expressed “dismay” and “disappointment” over the the Supreme Court holding Prashant Bhushan, senior advocate, guilty of criminal contempt of court for a set of tweets, the People's Union for Civil Liberties (PUCL) has said that the judgment will add substance to the view that, just like other democratic institutions, it too is criminalizing dissent, “acting in a manner which would silence democratic voices using the draconian power of contempt of court.”
Demanding the need for repealing the contempt law, PUCL in its statement, signed by Ravi Kiran Jain, president, and Dr V Suresh, general secretary, said, Prashant Bhushan is not the first person to raise critical questions about the administration of justice in the Supreme Court.
It recalled how on January 12, 2018, addressing media, four sitting Supreme Court judges -- Justices J Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph – declared their disagreement with the then Chief Justice of India over functioning of the judicial institution both in its administrative as also judicial sphere of functioning.
The four judges had said, “There have been instances where case having far-reaching consequences for the nation and the institution had been assigned by the chief justices of this court selectively to the benches ‘of their preference’ without any rational basis for such assignment. This must be guarded against at all costs.”
Also noting that how some prominent citizens, including former judges Madan Lokur (Supreme Court) and AP Shah (former chief justice, Delhi High Court), had questioned the apex court’s reluctance to play its role to check the governmental excesses for “averting the migrant crisis during the lockdown”, PUCL regretted, it has failed to act in protecting citizens from “abuse” of anti-sedition law and the Unlawful Activities (Prevention) Act (UAPA) by the Central government.
Against this backdrop, PUCL asserted, “The conviction of Prashant Bhushan for criminal contempt of court for the tweets will only reinforce the view that the Supreme Court will not allow any public questioning or criticism of its functioning and is not averse to using contempt laws to silence voices seeking transparency and accountability of the judiciary.”

Comments

TRENDING

If Maoist violence is illegitimate, how is Hindutva, state violence justified? Can right-wing wash off its sins?

By Swami Agnivesh* and Sandeep Pandey** There was major police action against Sudha Bhardwaj, Gautam Navlakha, Varvara Rao, Vernon Gonsalves and Arun Ferreira on 28 August, 2018. Before this police arrested Professor Shoma Sen, Adocate Sudhir Gadling, Sudhir Dhawle, Mahesh Raut and Rona Wilson on 6 June. Even before this Dr. Binayak Sen, Soni Sori, Ajay TG, Professor GN Saibaba and Prashant Rahi have been arrested and all these activists have been accused of having links with Maoists.

Rani Laxmi Bai, Tatya Tope 'martyred' by East India Company, Scindia's forefathers

Jiyaji Rao Scindia By  A  Representative In an email alert to Counterview, well-known political scientist Shamsul Islam has said that was “shameful for any political party in democratic India to keep children of Sindhias in their flock” given their role during the First War of Indian Independence (1857). In a direct commentary on Madhya Pradesh Congress leader Jyotiraditya Scindia moving over to BJP, Prof Islam has quote from a British gazetteer to prove his point.

Incarceration of Prof Saibaba 'revives' the question: What is crime, who is criminal?

By Kunal Pant* In 2016, a Supreme Court Judge asked the state of Maharashtra, “Do you want to extract a pound of flesh?” The statement was directed against the state for contesting the bail plea of Delhi University Professor GN Saibaba. Saibaba was arrested in 2014, a justification for which was to prevent him from committing what the police called “anti-national activities.”