Skip to main content

Recent SC order has 'direct bearing' on civil liberties in India: top world academics

By A Representative 

Eleven world renowned academics have said, they are "deeply disturbed" by some of the recent judgements of the Supreme Court, which have a direct bearing on the future of civil liberties and human rights in India" even as drawing attention, in particular, to the judgement in the Zakia Jafri case, which "raises three disturbing questions."
In a plea to the Supreme Court, the academics said, "First, since the petitioners had challenged the findings of the Special Investigation Team (SIT) report that gave a clean chit to the Gujarat government for the riots following the Godhra incident, and asked the Supreme Court to order an independent investigation, for the Court to dismiss their appeal on the basis of the very same impugned SIT report seems to us to be unjust."
Secondly, they said "while dismissing the petitioners' appeal, the "Court has quite gratuitously and wholly unfairly attributed ulterior motives to the petitioners. This has even emboldened the executive to arrest co-petitioner Teesta Setalvad, along with witness RB Sreekumar, both of whom have also been denied bail."
They added, "If any patient, prolonged, peaceful, and entirely legitimate pursuit of justice through the due process, is called 'keeping the pot boiling', then this remark, quite apart from being offensive, discourages people from approaching the Court on any matter relating to excesses or dereliction on the part of the executive."
Thirdly, the academics said, the Court has passed "these uncalled-for obiter dicta without even giving a hearing to those against whom these remarks are directed", underlining, "this sets an unfortunate precedent in jurisprudence."
Dismissing Teesta Setalvad's and RB Sreekumar's appeal, the Court unfairly attributed ulterior motives to the petitioners
The academics who have signed the plea are -- Bhiku Parekh, House of Lords, UK; Noam Chomsky, professor emeritus, Massachusetts Institute of Technology, US; Arjun Appadurai, professor, Max Planck Institute, Germany; Wendy Brown, Professor, Institute of Advanced Studies, Princeton, US; Sheldon Pollock, professor emeritus, Columbia University, US; Carol Rovane, professor, Columbia University, US; Charles Taylor, professor emeritus, McGill University, Canada; Martha Nussbaum, professor, University of Chicago, US; Robert Pollin, professor, University of Massachusetts, Amherst, US; Akeel Bilgrami, professor, Columbia University, US; and Gerald Epstein, professor, University of Massachusetts, Amherst, US.
The plea asserted, "Apart from the brief period of the Emergency, the Indian Supreme Court has generally played an honourable role in defending the democratic commitments of the country, which is why we are dismayed by the recent tendency discernible in the Zakia Jafri judgement."
It urged the Supreme Court to take "suo motu notice of the fall-out of the judgement in this case, to expunge the derogatory remarks contained in it, and to dismiss the cases against those who have been arrested on the strength of these remarks."

Comments

TRENDING

Gujarat Information Commission issues warning against misinterpretation of RTI orders

By A Representative   The Gujarat Information Commission (GIC) has issued a press note clarifying that its orders limiting the number of Right to Information (RTI) applications for certain individuals apply only to those specific applicants. The GIC has warned that it will take disciplinary action against any public officials who misinterpret these orders to deny information to other citizens. The press note, signed by GIC Secretary Jaideep Dwivedi, states that the Right to Information Act, 2005, is a powerful tool for promoting transparency and accountability in public administration. However, the commission has observed that some applicants are misusing the act by filing an excessive number of applications, which disproportionately consumes the time and resources of Public Information Officers (PIOs), First Appellate Authorities (FAAs), and the commission itself. This misuse can cause delays for genuine applicants seeking justice. In response to this issue, and in acc...

'MGNREGA crisis deepening': NSM demands fair wages and end to digital exclusions

By A Representative   The NREGA Sangharsh Morcha (NSM), a coalition of independent unions of MGNREGA workers, has warned that the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) is facing a “severe crisis” due to persistent neglect and restrictive measures imposed by the Union Government.

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Gandhiji quoted as saying his anti-untouchability view has little space for inter-dining with "lower" castes

By A Representative A senior activist close to Narmada Bachao Andolan (NBA) leader Medha Patkar has defended top Booker prize winning novelist Arundhati Roy’s controversial utterance on Gandhiji that “his doctrine of nonviolence was based on an acceptance of the most brutal social hierarchy the world has ever known, the caste system.” Surprised at the police seeking video footage and transcript of Roy’s Mahatma Ayyankali memorial lecture at the Kerala University on July 17, Nandini K Oza in a recent blog quotes from available sources to “prove” that Gandhiji indeed believed in “removal of untouchability within the caste system.”

Targeted eviction of Bengali-speaking Muslims across Assam districts alleged

By A Representative   A delegation led by prominent academic and civil rights leader Sandeep Pandey  visited three districts in Assam—Goalpara, Dhubri, and Lakhimpur—between 2 and 4 September 2025 to meet families affected by recent demolitions and evictions. The delegation reported widespread displacement of Bengali-speaking Muslim communities, many of whom possess valid citizenship documents including Aadhaar, voter ID, ration cards, PAN cards, and NRC certification. 

Subject to geological upheaval, the time to listen to the Himalayas has already passed

By Rajkumar Sinha*  The people of Uttarakhand and Himachal Pradesh, who have somehow survived the onslaught of reckless development so far, are crying out in despair that within the next ten to fifteen years their very existence will vanish. If one carefully follows the news coming from these two Himalayan states these days, this painful cry does not appear exaggerated. How did these prosperous and peaceful states reach such a tragic condition? What feats of our policymakers and politicians pushed these states to the brink of destruction?

India's health workers have no legal right for their protection, regrets NGO network

Counterview Desk In a letter to Union labour and employment minister Santosh Gangwar, the civil rights group Occupational and Environmental Health Network of India (OEHNI), writing against the backdrop of strike by Bhabha hospital heath care workers, has insisted that they should be given “clear legal right for their protection”.

Rally in Patna: Non-farmer bodies to highlight plight of agriculture in Eastern India ahead of march to Parliament

P Sainath By  A  Representative Ahead of the march to Parliament on November 29-30, 2018, organized by over 210 farmer and agricultural worker organisations of the country demanding a 21-day special session of Parliament to deliberate on remedial measures for safeguarding the interest of farm, farmers and agricultural workers, a mass rally been organized for November 23, Gandhi Sangrahalaya (Gandhi Museum), Gandhi Maidan, Patna. Say the organizers, the Eastern region merits special attention, because, while crisis of farmers and agricultural workers in Western, Southern and Northern India has received some attention in the media and central legislature, the plight of those in the Eastern region of the country (Bihar, Jharkhand, West Bengal, Orissa, Chhattisgarh and Eastern UP) has remained on the margins. To be addressed by P Sainath, founder of People’s Archive of Rural India (PARI), a statement issued ahead of the rally says, the Eastern India was the most prosperous regi...

'Centre criminally negligent': SKM demands national disaster declaration in flood-hit states

By A Representative   The Samyukt Kisan Morcha (SKM) has urged the Centre to immediately declare the recent floods and landslides in Punjab, Himachal Pradesh, Jammu & Kashmir, Uttarakhand, and Haryana as a national disaster, warning that the delay in doing so has deepened the suffering of the affected population.