Seeing Stars in the Daylight – Indian Currents Editorial

Leave Judiciary Alone

Dr Suresh Mathew

It is never too difficult to deliver justice within the boundaries of the law and Constitution….. There is a need to be cautious against perception-driven verdicts that are often driven by five-star activists.” This unpalatable comment made by Prime Minister Narendra Modi at the conference of Supreme Court Judges, High Court Chief Justices and Chief Ministers rings alarm bells as the top executive authority is seen advising the judiciary on its functioning. One is reminded of former Prime Minister Indira Gandhi’s call for ‘committed judiciary’, something seen as the beginning of interference in the working of one of the pillars of democracy.

Mr. Modi’s remark has raised doubts and anxieties as to whom he is referring to by ‘five-star activists’ influencing judiciary? It also suggests that judgments by judiciary are being influenced by the ‘star activists’. This prompts one to take a look at some of the recent judgments which could have left the powers-that-be red-faced. In the case of de-boarding of Greenpeace activist Priya Pillai, who was on her way to London, the apex court had passed severe strictures against the government. The landmark judgment striking down Section 66 A of the IT Act, thereby upholding freedom of expression, had also come as a severe blow to the government which had put behind the bars many innocent youth just for ‘liking’ some posting on facebook. The annulling of Section 8(4) of the Representation of the People Act, 1951, which provided immunity for MPs and MLAs from disqualification, too had given heartburns to political class. There were interventions of courts in ensuring the rights of forest dwellers. Courts also took tough stand on issues relating to mining and land acquisition.

One is forced to believe that the government is sending out a subtle message to the judiciary that it should not meddle with the policies and programmes of the government under the influence of activists. This could be a signal to the non-government organizations that they are not welcome to exercise their fundamental right to activism. The latest instance of freezing the accounts of Greenpeace by the Central Government is a move in this direction. Activists’ right to take up public cause in every available platform including judiciary is a sine qua non for a vibrant democracy. People’s movements cannot be targeted merely because their voices of dissent sound unpleasant to the government.

Equally embarrassing is the distinction made by the Prime Minister between ‘star activists’ and other (or is it non-star?) activists. It is not clear on what basis this differentiation among activists has been drawn out. It implies that there are some activists (and NGOs) who are acceptable to the government because they toe the official line. But, there are others – now named five-star activists – who do not try to curry favour with the powers-that-be, and the government wants the judiciary to ignore them. It is this advise of the Prime Minister that is based on perception, and not the conduct of the judiciary. Courts go by laws and their interpretation.

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