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September 30, 2020
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CJI not similar as SC, says defiant Prashant Bhushan | India Information

NEW DELHI: Standing agency on his two tweets criticising the CJI and his 4 predecessors which led to initiation of contempt proceedings towards him, activist lawyer Prashant Bhushan defiantly detailed why he believes the Supreme Court docket has capitulated earlier than the excesses of a majoritarian authorities within the final six years.
In response to a two-page suo motu contempt discover from the SC, Bhushan filed a 132-page affidavit detailing quite a few circumstances, the overwhelming majority of which had been represented by him, the place, he alleged, the SC didn’t act by “abdicating its obligation to guard primary constitutional values, elementary rights of residents and the rule of regulation”.
Citing the views of former judges Madan B Lokur and A P Shah, Bhushan defended his tweets as a bona fide expression of his views on developments over the past six years. He then went on to claim, “It can’t represent contempt.” He stated if the SC deemed his tweets as contempt, then “it might stifle free speech and would represent an unreasonable restriction on Article 19(1)(a) (proper to free speech) of the Structure”.
He stated the CJI was not the Supreme Court docket and “elevating of problems with concern concerning the style wherein a CJI conducts himself… or elevating problems with grave concern concerning the style wherein 4 CJIs have used, or failed to make use of, their powers as ‘grasp of roster’ to permit the unfold of authoritarianism, majoritarianism, stifling of dissent, widespread political incarceration and so forth, can’t and doesn’t quantity to ‘scandalising or decreasing of the authority’ of the courtroom”.
Bhushan regretted the a part of his touch upon the CJI sitting astride a motorbike, linked to a BJP chief, when it was parked. Nonetheless, he reiterated his criticism about maintaining courts closed throughout the lockdown to deprive the needy of their proper to entry to justice and the incongruity of the CJI sitting on a bike with no masks with a number of folks round.
The activist-lawyer used the affidavit to stipulate how an elected majority ought to perform in a democracy by respecting minority rights. “Within the final six years, majority rule has grow to be majoritarian rule and electoral democracy has degenerated into electoral authoritarianism,” he stated.
“Minority rights are important to any political system that calls itself democratic. During the last six years, nevertheless, the constitutional rights of non secular minorities have been systematically eroded, decreasing them, particularly Muslims, to the de facto standing of second-rate residents,” he added.
Bhushan stated the SC had turned a deaf ear to the intense assault on Jamia Millia Islamia and JNU and remained a mute spectator when Muslims had been systematically attacked, assaulted and murdered within the northeast Delhi riots.
Concentrating on BJP, he stated, “False info or pretend information which is designed to generate hate, towards Muslims particularly, is being generated and unfold on a mammoth scale by the social media organisation affiliated with BJP and its assorted lapdog media.”
“Through the time period interval of the final 4 CJIs, the nation has seen abdication by the SC of its constitutional obligation to guard primary constitutional values, elementary rights of residents and the rule of regulation… The courtroom surrendered and tyranny and majoritarianism gained a deep foothold within the nation. The SC has not been capable of rise up as a examine on the excesses of the federal government.”
Bhushan stated the SC has adopted a respectful method to the federal government, which was stark throughout the lockdown. “It simply deferred to the federal government’s knowledge with out even critically analyzing the violations of the rights of those folks (migrant employees), resulting in their destitution, hunger and forcing them to stroll again residence, typically hundreds of kilometres,” he stated.

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