The Congress on Tuesday accused the Narendra Modi government of trying to intimidate and subvert the judiciary, selectively preventing appointments and promotions of judges, and harassing critics by misusing draconian laws.
The objective behind the effort is to govern through “fear, coercion and control”, Congress spokesperson Abhishek Singhvi said.
“The Modi government’s approach to the judiciary smacks of ‘3Ls’ and ‘3Ses’: intimidation, interference and influence; and they are also on a spree to sabotage, subjugate and subvert the judiciary,” Singhvi said.
“It’s the worst-kept secret in legal circles that this control freak, micro-management and dossier-loving ruling party has indulged in various manipulative tactics qua the most trusted third organ of governance.”
Singhvi cited examples. “The government selectively delayed judicial appointment proposals, both to the high courts and to the Supreme Court, Justice Akil Kureshi’s being one of many such names. It has arbitrarily delayed some appointments, irreversibly affecting the seniority of some judges,” he said.
“It has inaugurated an ambience of fear, trepidation, anxiety and hesitation in the judicial sector by the misuse of dossier raj and oblique insinuations based thereupon. It has tried to prevail upon the judicial collegium, (which is) understandably keen to fill the ever-increasing vacancies, to make punitive transfers of judicial authorities perceived as inconvenient.”
Singhvi added: “It has attempted illegally and unfairly to interfere, whenever it deems necessary as per its own narrow, party and ideological thinking, with judges and the judiciary in general and the legal process.
“It has attempted to install a section of judicial personnel vetted by it and its supporters, on impermissible tests of loyalty, ideology and commitment to itself.”
Singhvi cited the recent disclosure by a sitting Karnataka High Court judge that he had been threatened with transfer in connection with his intervention in a corruption case.
“When a bench of the Supreme Court made pertinent observations regarding the reckless conduct of a BJP spokesperson (Nupur Sharma), we saw the three-pronged attack that has become an all too familiar tool of the ruling dispensation,” he said.
“One, savage and faceless trolls spewed fake news and propaganda; two, an orchestrated letter by ‘intellectuals’ was dispatched; and three, there was one-sided, and even contemptuous, reporting by the godi (lapdog) media.”
Singhvi also alleged attempts to intimidate the Supreme Court, citing how Justice J.B. Pardiwala was “forced to observe” that attacks on judges for their judgments would “lead to a dangerous scenario where the judges will have to pay greater attention as to what the media thinks rather than what the law actually mandates”.
On AltNews co-founder Mohammed Zubair’s arrest, Singhvi said: “The entire nation is following the story of how a fact-checker was jailed. What was more surprising was how, for the first time in the history of their offices, senior law officers used their talents effectively in the defence of those whose illegal conduct had been exposed by the fact-checker. They desperately and sheepishly opposed bail on grounds that were far removed from the law.”
Singhvi added: “For example, one of the arguments by the State was that the sentiments of followers had been hurt by having a seer’s hate speeches exposed. Another argument implied, without details, that the work of some shady cabal was afoot, instead of answering the court’s queries. The irony is that such small-minded and unconstitutional claims by the authorities only serve to draw more attention to the case while embarrassing themselves.”
Singhvi flagged a letter that the Advocates’ Association of Bombay High Court at Aurangabad had written to Union law minister Kiren Rijiju objecting to delays in sanction for the appointments of judges to the high court.
The letter urges members of Bar associations of all benches of the high court to protest until the Centre acts on the collegium’s recommendations speedily.
Singhvi also dwelt on Monday’s Supreme Court ruling on bail.
The apex court had said: “We have seen, over the last seven years, egregious executive action, on flimsy grounds, invoking usually inapplicable provisions like sedition, UAPA, etc. The ruling party governments, both at the Centre and in many states, have been the most frequent defaulter in this regard.
“Often they are fully aware of the abuse of legal provisions they are indulging in but equally apply the principle that the process is the punishment and the end result be damned. Tardiness or hesitation of courts through bail intervention in this regard exacerbates the problem.”
Singhvi saw this as an indictment of the BJP, and declared that if voted to power, the Congress would amend the law in line with the Supreme Court’s advice.
