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

'Tax the top': Nationwide protests demand action as 1% control 40% of India’s wealth

By A Representative   Civil rights groups across the country observed the martyrdom day of Bhagat Singh on March 23, as people from diverse backgrounds united to raise their voices against growing economic inequality. The mobilisations marked the launch of a nationwide campaign against inequality, running from March 23 to April 14 (Ambedkar Jayanti), under the banner of the “Tax The Top” campaign.

Fair prices, fresh produce: Vegetable market opens in Rajasthan tribal village

By Vikas Meshram*  On 18 March 2026, the tribal village of Sajjangarh in southern Rajasthan witnessed the grand and dignified inauguration of a new vegetable market (mandi). Established through the tireless joint efforts of the Krushi Avam Adivasi Swaraj Sangathan (Bhilkuaan) and Vaagdhara, under the active leadership of the Gram Panchayat of Sajjangarh, the market is being hailed as a cornerstone for local self-governance, self-reliance, and a sustainable rural economy. 

Beyond India-China borders: Economic links expand, political gaps persist

By Bhabani Shankar Nayak*  Despite growing trade between India and China, a persistent trust deficit continues to shape their bilateral relationship. Expanding economic engagement has not fully resolved political differences, many of which stem from historical legacies as well as contemporary geopolitical concerns. Border disputes—often traced to colonial-era arrangements—remain a significant obstacle to deeper cooperation, while differing strategic alignments in global affairs add further complexity.

Gujarat cadre to HDFC: When bureaucratic style hits corporate walls

By Rajiv Shah   I was a little amused by the abrupt March 17, 2026 resignation of Atanu Chakraborty —a Gujarat cadre IAS officer of the 1985 batch who retired from the government in 2020—as chairman of HDFC Bank . Much of what may have led to his decision to quit this ostensibly high post—actually a non-executive, part-time role—is by now well known. I followed most of it online with considerable interest, partly because I had interacted with him umpteen times during my stint as The Times of India correspondent in Gandhinagar from 1997 to 2012.

Ex-IAS Atanu Chakraborty and a tale of two different Gujarat vision documents

By Rajiv Shah  The likely appointment of Atanu Chakraborty as HDFC Bank chairman interested me for several reasons, but above all because I have interacted with him closely during my more than 14 year stint in Gandhinagar for the “Times of India”. One of the few decent Gujarat cadre bureaucrats, Chakraborty, belonging to the 1985 IAS batch, at least till I covered Sachivalaya was surely above controversies. He loved to remain faceless, never desired publicity, was professional to the core, and never indulged in loose talk. When he neared retirement, which happened in April 2020, first there were rumours in Sachivalaya that he would be appointed SEBI chairman, and then there was talk he would be chairman (or was it CEO?) of Gujarat International Finance Tec (GIFT) City (a dream project of Narendra Modi as Gujarat chief minister, which as Prime Minister Modi wants to promote, come what may). But, for some strange reasons, and I don’t know why, none of this happened, despite the fact...

Witnessing Iran beyond propaganda: Truth, war, and the path beyond western paradigm

By Naile Manjarrés  On June 23, 2025—marked as the 2nd of Tir, 1404, on the Persian calendar—a ceasefire between Iran and Israel was announced. This "night of the decree" shifted the trajectory of global affairs; although the world may appear unchanged on the surface, we have yet to fully grasp its impact.

Operation Epic Fury: Making America great at the world’s expense?

By N.S. Venkataraman*  ​The decades-long enmity between Iran and Israel is well-documented, but historically, their direct confrontations have been brief, constrained by the logistical and economic limitations of sustained warfare. The current conflict in the Middle East, however, marks a radical and dangerous departure from this pattern. 

Environmental expert urges policy overhaul as forest and water resources face critical decline

By A Representative   On the occasion of World Forest Day and World Water Day , observed on March 21 and 22, environmental voices from the Western Ghats have issued a stark warning to the Union government, calling for an urgent paradigm shift in how India manages its interconnected natural resources. In a formal communication addressed to Union Minister for Jal Shakti , Sri C R Patil , and Union Minister for Forest, Environment and Climate Change , Sri Bhupendra Yadav , policy analyst Shankar Sharma has highlighted a growing disconnect between sectoral policies and the holistic reality of resource governance.

From chemicals to self-reliance: Women-led initiatives drive sustainable farming push

By Bharat Dogra   Farmers in Bariyarpur village of Ajaygarh block (Panna, Madhya Pradesh) are increasingly adopting sustainable and self-reliant farming practices, responding enthusiastically to new opportunities created by recent development initiatives.