Skip to main content

Sabarimala, Ayodhya: Undermining rule of law principle, apex court 'favoured' executive

By A Representative
Justice AP Shah, former chief justice of the Delhi and Madras High Courts, has regretted that the start of the Supreme Court’s decline “coincided with the coming to power of the BJP-led NDA government in 2014”, adding, “Every institution, mechanism or tool that is designed to hold the executive accountable is being systematically destroyed.”
Also ex-chairperson of the Law Commission of India, Justice Shah, while delivering Justice Hosbet Suresh memorial lecture on “The Supreme Court in Decline: Forgotten Freedoms and Eroded Rights”, said that the Supreme Court is increasingly becoming partisan, “tilting more towards the executive rather than justice and making the executive accountable through constitutional mechanisms and institutions.”
Justice Shah’s virtual lecture on Zoom was collectively organized by the Centre for Study of Society and Secularism, Bohra Youth Sansthan, Central Board of Dawoodi Bohra Community, Citizens for Justice and Peace, Institute for Islamic Studies, Peoples’ Watch and the Majlis Law Centre.
According to Justice Shah, the apex court “has failed to protect rights and counter majoritarianism”, citing cases of Sabarimala and Ayodhya judgments where, he said, these gave “impunity and compromised the principle of rule of law to rule in favour of the government.”
In the Ayodhya judgment, the court, despite acknowledging the illegalities committed by the Hindus in 1949 and 1992, “effectively rewarded the wrongdoer”, he added.
Justice Shah further said that the Supreme Court, instead of dealing with constitutional issues on Kashmir related to Articles 14, 19 and 21 emerging from the internet and communication shutdown, handed these over to the “executive-led Special Review Committee.”
“This has added to the sufferings of the entire population of Jammu & Kashmir (J&K) in health, education, business and economy”, he added.
Further pointing out that the apex court’s decline also manifested “in its collusion or silence on the issues of freedom of speech and right to protest which is a democratic right”, Justice Shah gave the example of Citizenship Amendment Act (CAA) to point out how the “protestors -- students, academics and poets -- were targeted by the state and charged them with criminal offences of rioting, unlawful assembly, criminal conspiracy, sedition and invoked provisions of Unlawful Activities Prevention Act (UAPA) in the Delhi riots case.”
Supreme Court, instead of dealing with constitutional issues on Kashmir related to Articles 14, 19 and 21, handed these over to the executive-led Special Review Committee
“They were labeled as anti-national and accused of destabilizing the government, while the apex court was a mute spectator and found reasons to not address the case”, he added.
Senior advocate Dushyant Dave, who chaired the session, expressed concern over the silence of common citizens when the vulnerable sections like Muslims and Dalits are killed in India, regretting, movements like the Black Lives Matter campaign triggered by the killing of George Floyd in the US have been missing in India for issues of justice and dignity of common citizens, he pointed out. Judiciary in such scenario has a crucial role but the courageous voices of citizens are vital he urged.
Those who spoke on the occasion included Teesta Setalvad, noted social activist, senior advocate Mihir Desai, and Dalit rights leader Henry Tiphagne. Participants included scholars including Uma Chakravarti, Steven Wilkinson and Harbans Mukhia, former vice president Hamid Ansari, top Supreme Court advocate Prashant Bhushan, and others.
The Dr Asghar Ali Memorial Achievement Award, 2020 was handed over by Adv Irfan Engineer, director of Centre for Study of Society and Secularism, to Rajini Sondur, Shalini Prasad and Malini Kanal, daughters of Justice Suresh. The Award carried cash of INR 25,000 and a citation.
Post retirement, Justice Suresh, along with former Supreme Court justice PB Sawant, was part of the independent fact-finding team on Gujarat riots of 2002, which came up with the well-know report "Crime Against Humanity".

Comments

TRENDING

How strategic is India's commercial expansion in the Mediterranean?

By Vijay Prashad  On 26 October 2026, Greece’s foreign minister George Gerapetritis stood at the United Nations headquarters and rejected the maritime agreement between Turkey and Libya. Gerapetritis spoke on behalf of Greece of course, but also Bahrain, Cyprus, Egypt, the European Union, and the United Arab Emirates. Five days later, the Indian frigate INS Trishul entered Souda Bay in Crete as part of activities with the US Navy installation (Naval Support Activity) and with the NATO Maritime Interdiction Operational Training Centre. The sequence illuminates a developing strategic geography: India’s naval reach, its confrontation with Pakistan’s new Turkish partner, and its ambition to connect Indian capital to European markets increasingly converge in the eastern Mediterranean.

Asbestos found in 60% rangoli powder tested in India, Malaysia, England: Civil society sounds alert

Counterview News   Asbestos , a substance known to cause cancer, has been detected in 60 per cent of rangoli powder samples tested in a laboratory in South Korea, raising concerns about the safety of products used during Diwali and other festivals. Indian samples recorded particularly high contamination rates, according to an investigation released by environmental and public health organisations.

India among targets as China-linked hackers 'exploit' VPNs, firewalls

Counterview News   Cyberattackers grew faster and harder to detect in 2025, increasingly slipping through trusted systems rather than breaking in with obvious malware, claims U.S.-based  cybersecurity technology company CrowdStrike's 2026 Global Threat Report . The report says adversaries "grew more evasive than ever before," exploiting trust in supply chain partners, legitimate software, internal systems and employees. CrowdStrike now tracks 281 adversaries after naming 24 new ones in 2025, plus 150 activity clusters and emerging threat groups.