Entangling opposition in court cases a misuse of procedure, may backfire: Former Bombay HC judge SC Dharmadhikari

Retired Bombay High Court judge Justice SC Dharmadhikari said during a recent event that entangling members of opposition parties in court cases is a misuse of procedure that may backfire on the ruling party..The judge subtly implied that differing from someone’s (ruling dispensation) opinion in today’s times was leading to shutting down of the opinion in different ways.“If you have to differentiate from someone’s opinion, then today the circumstance is they will you shut your mouth through alternate ways. If in this process you wish to select certain people to target and to entangle them in court cases for their life, it will be misuse of procedures which may backfire. Voters need alternative in election. If you create a situation where the leaders from mainstream national and local political parties have to go through this process, then it will be a big loss for democracy. If you do this against main leaders, then the danger can arise tomorrow and it may lead to dictatorship. And we have experienced this in some cases (Emergency of 1975).".With reference to Rahul Gandhi's recent conviction in a defamation case, the former judge said that the Surat court could have awarded the Congress leader a lesser sentence.“I have seen many examples having serious behaviours by concerned persons including the parliamentarians. This (Rahul) was a smaller case and whether a 2 year imprisonment was necessary is the important question. Whether such punishment is given with an object so that the concerned person will be disqualified, is an important point”, he said..Justice Dharmadhikari was speaking at an event organised by the Gandhi Sarvoday Mandal in Mumbai on the impact of conviction on the justice delivery system of the country..On the merits of the Rahul Gandhi case, he opined,"...We have to see why the judge thought that whatever was said in the meeting was indicative to a certain community. There may have been mistakes in the judgment. But we have to see what world we live in. What I am speaking right now is being sent on Whatsapp, and if I say something and the person goes to Taluka or lower court then what will I do; even this has to be considered. Whether the concerned person is hurt because of the statement, has to be seen. As per legal procedure, when the concerned person will challenge in higher court, he will consider all these things."He went on to criticise the casual manner in which Gandhi's legal team handled the case.“You have to see how many times you have remained present in court since 2019. While living public life, one should not make mistakes which the big political leaders have done earlier. You have to peruse all papers about the case and see what is raised against you. You put it on lawyers, and then lawyers feed information as much they can, it would lead to nothing much. If the lawyers told you that you are not required to remain present in the court during every date of hearing, and then you seek exemption for the same and then you lose interest in the matter.".During the course of his speech, the retired judge also urged digital and electronic media to show courage and give a disclaimer to leaders speaking on their platforms, that they do not endorse the speaker’s views.“I have not seen the media take cautious steps (about broadcasting such statements/speeches). The daily newspapers might be saying that editors do not agree with the comments. However, the audio-visual media should exercise this restraint. They have to tell the concerned person that just because they are being interviewed does not mean that whatever they say is acceptable to the channel. Today, very few people have courage to say so to the concerned political persons,” he said..When the former judge was asked if he was disappointed with the current higher judiciary, he answered in the negative. However, he highlighted that the citizens were too dependent on the judiciary.“There is a saying of former Chief Justice of India MN Venkatachaliah that ‘over-dependence on judiciary robs you of democracy.’ You have made the CJI a god. No one can save us. Gandhi and Bhave did not file PILs to resolve issues. Having said that, I also believe in what Chief Justice Bharucha said which is ‘A judge should not be seen or heard but only read’. So is it necessary for judges to speak everyday? Every day I talk because the Law Minister speaks something!? There is a conspircy they have laid out and we are falling into it. We are falling in that trap!” the judge said.