Supreme Court's conduct not impressive; electoral bonds case not taken up, elections not free and fair: Justice Gopala Gowda

The conduct of the Supreme Court of India in the recent past with respect to certain cases has not been impressive, as it has refrained from hearing crucial cases affecting the nation, former apex court judge Justice V Gopala Gowda said on Saturday. .In this regard, Justice Gowda highlighted cases like the electoral bonds matter, which has been pending before the top court for many years. As a consequence, political parties without deep coffers are not able to compete with those that generate a lot of campaign funds through these bonds, he opined. Justice Gowda further said,"Supreme Court's conduct has not been impressive, when freedom of speech was curtailed in Jammu & Kashmir. Electoral bonds case [is] not taken up. You are not examining these issues! Political parties that do not get the money are not able to compete with those [that do]. This is very, very bad that Supreme Court is not taking up this matter," he said..He elaborated on the above by comparing decisions and observations of the top court before and after the 2014 general elections. "Before 2014, the Supreme Court was not hesitant in going against the executive in matters involving high political stakes; for example cancellation of 2G licenses and the coal-gate case. The Court passed oral remarks, including the famous "CBI is caged parrot" remark. Judiciary was seen as a crusader against corruption. After 2014, the Supreme Court presented a weaker self. The verdict in politically-charged cases like Sahara-Birla, the judge Loya case, Bhima-Koregan, Rafale, Aadhaar, have invited lots of criticism from the public.".He further said that elections in India are not free and fair anymore."We find that fair and free elections are not held, which is very important for parliamentary democracy. Elections being unfair has given rise to right reactionary forces," he said.Such "democratic decay" has resulted in Dalits suffering and Muslims going through a fear psychosis, he added..Justice Gowda was speaking at a National Convention on the topic Save Constitution, Save Democracy organised by the All India Lawyers Union, Delhi Union of Journalists and Democratic Teachers Front..The retired judge also stated that the Collegium system of appointing judges to High Courts and the Supreme Court may not be perfect, and that he has his "reservations" on the system.However, he stated that as long as the judgment upholding the Collegium system (the NJAC judgment) is in place, it is "binding on all" and that constant attacks on judiciary by the government when a judgment goes against the executive is not correct. "To take Collegium system away, in 2016 a Bill was introduced. This was struck down. 2016-22 the system is functioning. I am not saying it is perfect, I have my reservations. But when it is in practice, the judgment...is binding on all. The institution is functioning, they wanted to attack it. We do not accept these kind of comments. It is not acceptable for the lawyers at large that the government attacks the judiciary whenever something is struck down," Justice Gowda opined..Justice Gowda also stated that the "current trajectory of Indian politics resembles the first decade of neighbouring Pakistan and Afghanistan.""I must congratulate the legal fraternity for taking up cause of saving democracy and the Constitution. But this must go on, one event is not enough. To protect the judiciary, ensure Constitution is saved to maintain civil society," he said.The event was also attended by former Delhi High Court judge Rekha Sharma and Senior Advocates Indira Jaising, Bikash Ranjan Bhattacharya, Raju Ramachandran, and PV Surendranath. .[Read live coverage of the event below]

Supreme Court's conduct not impressive; electoral bonds case not taken up, elections not free and fair: Justice Gopala Gowda

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