Tag: SC judges

  • Rijiju congratulates newly-appointed SC judges, says historic moment for gender representation

    By PTI

    NEW DELHI: Law Minister Kiren Rijiju on Tuesday congratulated the newly-appointed judges of the Supreme Court, saying it is a historic moment for gender representation as three women took oath as judges of the apex court.

    Earlier in the day, history was created in the Supreme Court as for the first time nine new judges took oath of office at one go, taking the working strength to 33.

    The new judges who were administered oath of office as apex court judges include Justices Abhay Shreeniwas Oka, Vikram Nath, Jitendra Kumar Maheshwari, Hima Kohli and B V Nagarathna.

    “Hearty congratulations to the nine newly appointed hon’ble Supreme Court Judges.

    It’s also a historic moment for gender representation as three women took oath as judges of the Supreme Court,” Rijiju wrote on Twitter.

    “My best wishes on assuming onerous responsibility and in their services to the nation,” he said.

  • Speculations, reports in media on judges’ appointment process very unfortunate: CJI NV Ramana

    By PTI

    NEW DELHI Chief Justice of India NV Ramana on Wednesday termed “very unfortunate” certain “speculations and reports” in the media about Collegium meeting regarding appointment of judges’ in the Supreme Court.

    CJI Ramana, while speaking in the ceremonial function to bid farewell to Justice Navin Sinha who is retiring, said the process of appointment of judges is sacrosanct and has dignity attached to it and the media must understand and recognise its sanctity.

    ALSO READ| ‘Sorry state of affairs’: CJI N V Ramana on lack of debate in Parliament

    “On this occasion I want to take the liberty to express my concern about certain speculations and reports in the media. You are all aware we need to appoint judges to this court. The process is ongoing. Meetings will be held and decisions will be taken. The process of appointment of judges is sacrosanct and has certain dignity attached to it. My media friends must understand and recognise the sanctity of this process,” he said.

    The CJI said that as an institution, the apex court holds the freedom of media and the rights of individuals in high esteem and today’s reflections in some sections of the media, pending the process, even before formalising the resolution is counter-productive.

    “There were instances of deserving career progression of bright talents getting marred because of such irresponsible reporting and speculation. This is very unfortunate and I am extremely upset about it,” he said.

    The CJI also lauded the “tremendous amount of maturity and responsibility” displayed by majority of senior journalists and media houses in showing restraint and not speculating on such a serious matter.

    “Such professional journalists and ethical media are the real strength of the Supreme Court in particular and democracy in general. You are part of our system. I expect all the stakeholders to uphold the integrity and dignity of this institution,” he said.

    The head of the judiciary was referring to media reports which said the Collegium, headed by the CJI, is understood to have recommended nine names for appointment as judges in the top court.

  • UAPA, sedition law misused to stifle dissent, needs to be repealed, say former SC judges

    By PTI
    NEW DELHI: Four former Supreme Court judges Saturday batted for repeal of penal provision on sedition and stringent Unlawful Activities (Prevention) Act (UAPA) saying these are usually misused to stifle dissent and quell the voices which ask questions from the government.

    Referring to the death of 84-year-old Father Stan Swamy, booked under UAPA, in jail, one of the judges Aftab Alam said, “I submit, UAPA has failed us on both counts: National security and Constitutional Freedoms.”

    Justice Alam, and fellow former judges Deepak Gupta, Madan B Lokur, and Gopal Gowda spoke at a public discussion on a topic “Democracy, dissent and draconian law – should UAPA and sedition law should have a place in the statute books?” While Justice Alam said the process of trial becomes a punishment for many in such cases, Justice Lokur was of the view that there should be a system of compensation for those who are wrongfully implicated and later acquitted.

    Echoing the same view, Justice Gupta expressed that these draconian laws have no place in a democracy.

    Notably, Justice Gowda was of the opinion that the legislations have now become a weapon against dissent and that they need to be abrogated.

    “One of the criticisms of the UAPA is that it has a very low rate of conviction but a high rate of pendency. It is the process that becomes the punishment,” said Justice Alam.

    Quoting the National Crime Records Bureau (NCRB) data, he said that 2,361 UAPA cases were pending in trial in 2019 out of which 113 were disposed of with conviction in 33 cases, acquittal in 64, and discharge in 16 which brings the rate of conviction to 29.2 percent.

    “If compared against the number of cases registered or people arrested, the rate of conviction comes down to 2 percent, and the pendency rate increases to 98 percent,” the former apex court judge rued.

    He said that the UAPA has failed the country on two counts – national security and constitutional freedom and must be repealed.

    Concurring with Justice Alam, Justice Gupta elaborated on the misuse of the sedition law and UAPA and said that it has been made harsher and harsher over time and should be shown the door as soon as possible.

    “In a democracy, dissent is essential and draconian laws have no place. In the last few years, laws have been misused to stifle dissent and quell the voices which ask questions from the government,” he said.

    Alluding to the death of UAPA accused Stan Swamy and arrest of a man in Manipur under the National Security Act (NSA) for saying that cow dung is not a cure for COVID-19, he asked if “India has become a police state”.

    Meanwhile, even though Justice Lokur agreed that there is a need to repeal the draconian laws, he said that not only will they “never go anywhere, but National Security Act (NSA) will also be made to be very active to quell dissent”.

    He suggested that the only remedy is accountability and compensation for those who are acquitted after long periods of incarceration.

    Further, Justice Gowda noted that massive reforms are necessary in special security legislations as they “reek of an authoritarian impulse which is dangerous in a constitutional democracy”.

    “Legal reforms are imperative. Provisions in these special laws that accord impunity to State excesses need to be repealed. Stringent guidelines need to be laid down for the exercise of these powers,” he said.

    Senior advocate Prashant Bhushan, who also spoke at the webinar, said that UAPA and sedition are being used to stifle dissent and crush the freedom of speech and that the time has come to see whether they are in tune with the Constitution.

    The discussion was organised by the Campaign for Judicial Accountability and Reforms (CJAR) and Human Rights Defenders Alert (HRDA).

  • UAPA, sedition law misused to stifle dissent, needed to be repealed; say former SC judges

    By PTI
    NEW DELHI: Four former Supreme Court judges Saturday batted for repeal of penal provision on sedition and stringent Unlawful Activities (Prevention) Act (UAPA) saying these are usually misused to stifle dissent and quell the voices which ask questions from the government.

    Referring to the death of 84-year-old Father Stan Swamy, booked under UAPA, in jail, one of the judges Aftab Alam said, “I submit, UAPA has failed us on both counts: National security and Constitutional Freedoms.”

    Justice Alam, and fellow former judges Deepak Gupta, Madan B Lokur, and Gopal Gowda spoke at a public discussion on a topic “Democracy, dissent and draconian law – should UAPA and sedition law should have a place in the statute books?” While Justice Alam said the process of trial becomes a punishment for many in such cases, Justice Lokur was of the view that there should be a system of compensation for those who are wrongfully implicated and later acquitted.

    Echoing the same view, Justice Gupta expressed that these draconian laws have no place in a democracy.

    Notably, Justice Gowda was of the opinion that the legislations have now become a weapon against dissent and that they need to be abrogated.

    “One of the criticisms of the UAPA is that it has a very low rate of conviction but a high rate of pendency. It is the process that becomes the punishment,” said Justice Alam.

    Quoting the National Crime Records Bureau (NCRB) data, he said that 2,361 UAPA cases were pending in trial in 2019 out of which 113 were disposed of with conviction in 33 cases, acquittal in 64, and discharge in 16 which brings the rate of conviction to 29.2 percent.

    “If compared against the number of cases registered or people arrested, the rate of conviction comes down to 2 percent, and the pendency rate increases to 98 percent,” the former apex court judge rued.

    He said that the UAPA has failed the country on two counts – national security and constitutional freedom and must be repealed.

    Concurring with Justice Alam, Justice Gupta elaborated on the misuse of the sedition law and UAPA and said that it has been made harsher and harsher over time and should be shown the door as soon as possible.

    “In a democracy, dissent is essential and draconian laws have no place. In the last few years, laws have been misused to stifle dissent and quell the voices which ask questions from the government,” he said.

    Alluding to the death of UAPA accused Stan Swamy and arrest of a man in Manipur under the National Security Act (NSA) for saying that cow dung is not a cure for COVID-19, he asked if “India has become a police state”.

    Meanwhile, even though Justice Lokur agreed that there is a need to repeal the draconian laws, he said that not only will they “never go anywhere, but National Security Act (NSA) will also be made to be very active to quell dissent”.

    He suggested that the only remedy is accountability and compensation for those who are acquitted after long periods of incarceration.

    Further, Justice Gowda noted that massive reforms are necessary in special security legislations as they “reek of an authoritarian impulse which is dangerous in a constitutional democracy”.

    “Legal reforms are imperative. Provisions in these special laws that accord impunity to State excesses need to be repealed. Stringent guidelines need to be laid down for the exercise of these powers,” he said.

    Senior advocate Prashant Bhushan, who also spoke at the webinar, said that UAPA and sedition are being used to stifle dissent and crush the freedom of speech and that the time has come to see whether they are in tune with the Constitution.

    The discussion was organised by the Campaign for Judicial Accountability and Reforms (CJAR) and Human Rights Defenders Alert (HRDA).