Friday, October 30, 2020
Home Opinions How YS Jaganmohan Reddy held the Judiciary to ransom after a PIL was filed...

How YS Jaganmohan Reddy held the Judiciary to ransom after a PIL was filed to ‘clean politics up’

There is no gainsaying that there appears to be a link between the two, which needs to be examined for the sake of the survival of our democracy. I ask myself and leave the question to readers, whether such attempts to breach independence of judiciary amounts to holding Court at ransom?

In the year 1985, the Medellin Cartel attacked the Palace of Justice, which housed the Supreme Court of Colombia through the M-19 Guerrilla Group to destroy Court documents to stall investigation into Cartel functioning in Colombia. But it seems that there are more insidious ways to intimidate the judiciary. There are umpteen examples in India, wherein certain elements have tried to browbeat Judges to a state of genuflection. Such incidents are nothing but attempts to destroy the independence of the judiciary.

Attempts to destroy the independence of the judiciary is not a new phenomenon, century after century, it has manifested in different forms. Perhaps the first instance is of Dr Bonham’s Case, wherein Lord Coke took the King and the Parliament head-on. Judicial independence is not a cliche conjured up by those who seek to prevent encroachments by the other branches of government. The term is broad, tailored to achieve the essential objective of the separation of powers that justice is rendered without fear or bias, and free of prejudice. 

Even before the debate on Justice Gogoi’s tenure settles, a fresh attempt to breach independence is seeming to blow from down south. In the year 2016, a PIL was filed before the Hon’ble Supreme Court for decriminalizing politics in India. It is shocking to note that more than 4442 criminal cases are pending against members of parliament and other legislative assembly members. Further, it is important to note that there are even cases of 1983 which are still pending before the Trial Court, due to pressure by the public representatives.  

In view of the same, a PIL was filed to rationalized the trial process so that antecedents of those who enter Parliament/Legislative Assemblies are clear and we do not have hardened criminal representing our democracy.  

When this matter was listed before the Bench of Hon’ble Mr Justice N.V. Ramana in the month of March 2020, the Court ordered to submit a list of Criminal cases so as to gain a broad perspective of the trend in India. Accordingly, most of the States produced their records of all criminal trials pending under various legislations before the respective states. Strangely inter alia, the State of Telangana and the State of Andhra Pradesh did not produce any records pertaining to prosecutions under the Special Legislations such as The Prevention of Corruption Act or Prevention of Money Laundering Act etc.  

On 10-09-2020, the Court took a stern view that the States were to require to comply orders in letter and spirit and were required to submit all pending criminal cases including those under special enactments. Further, It was indicated in the order dated 10-09-2020 that the Amicus had submitted before the Court to direct all pending criminal trials to be taken up within next two months and completed within a year on day to day basis.

Thereafter, the aforesaid States submitted their report wherein it was observed that 17 cases against the Chief Minister, Shri Y. S. Jaganmohan Reddy. Aforesaid cases are kept in cold storage since 2011, without any substantial progress. Many of these cases are still at the stage of framing charges.

Before the matter could be heard again, in a very strange turn of events an FIR was filed against the daughters of the Hon’ble Judge before the Anti-Corruption Bureau, Guntur. Within minutes of the FIR being lodged, social media and news outlets were replete with the contents of the FIR. The ACB also did a press release which led to the news becoming sensational and leading to unnecessary and malicious speculation against a sitting judge of the Hon’ble Supreme Court.

There is no gainsaying that there appears to be a link between the two, which needs to be examined for the sake of the survival of our democracy. I ask myself and leave the question to readers, whether such attempts to breach independence of judiciary amounts to holding Court at ransom? 

Such attempts foretell a disastrous future wherein Court is rendered fragile by certain elements, who are bent upon destroying this democracy for their personal vendetta. As Justice O’Connor has warned, “[i]n these challenging and difficult times, we must recommit ourselves to maintaining the independent judiciary that the Framers sought to establish.” Because of the inextricable link between independent judges, the rule of law, and democracy, threats to judicial independence necessarily threaten our democratic system. If we do not allow judges to function independently then we are digging graves for our beloved democracy!

This article has been written by Sughosh Subramanyam, BA. LLM (University of Cambridge).

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

Related Articles

Trending now

Munger SP Lipi Singh’s claims shattered, CISF report says Police first opened fire against Hindus, 13 bullets fired

Munger SP Lipi Singh had earlier defended the police violence on Durga Procession attendees in Munger and claimed that Hindus had fired, not the police

AMU students, who wanted to dig ‘Hindutva ki kabar’, now protest against French President for standing up to Jihad after ‘blasphemy’ beheadings

After chanting against Hindus the students in AMU have now started a protest French President Emmanuel Macron for his remarks against Islamic terrorism

Congress MLA organises protest of thousands of Muslims against French President and his ‘Islamophobia’ after his citizens were beheaded for ‘blasphemy’

Congress MLA Arif Masood organised and led a protest supporting terrorism in the name of Islam that led to the beheading of Samuel Paty and others in France.

As Pakistan minister admits role in Pulwama attack, Rajdeep Sardesai rushes to his rescue, allows him to ‘clarify’, attack India instead, NDTV follows suit

India Today and NDTV come together to rescue Pakistan minister Fawad Chaudhry after he admitted Terroristan's role in Pulwama attack

Former PM of Malaysia goes from talking about women’s ‘secret place’ to inciting genocide for insulting Islam in single tweet thread: Read details

Mahathir Mohamad justified the attacks on French people by Islamist terrorist saying that mere boycott could not compensate the wrongs of France.

‘We are proud’: Terroristan admits hand in Pulwama attack, minister claims victory of people under leadership of Imran ‘Taliban’ Khan

"Humne Hindustan ko ghus ke maara", Pakistani minister Fawad Chaudhry described how Pakistan orchestrated Pulwama terror attack

Recently Popular

‘Modi, Modi’ slogans inside Pakistan National Assembly: Here is what happened

The name of PM Modi echoed on Monday as members of Pakistan's opposition members chanted 'Modi, Modi' slogans inside Pakistan National assembly

Chinese state-run channel shows the portrait of Prophet Muhammad, netizens ask if Muslim nations will boycott China

Arslan Hidayat, an Uyghur Rights Activist, took to Twitter shared a video of a Chinese TV series on Twitter in which it was depicted that an Arab ambassador visiting China during the rule of Tang dynasty gifts a portrait of the Prophet Muhammad to the Chinese emperor.

‘His legs were shivering, head was sweating fearing attack by India’: Pakistani opposition leader reveals why Imran Khan govt had released Abhinandan Varthaman

PML(N) leader Ayaz Sadiq said that Pakistani Foreign Minister had feared that India would attack Pakistan if Abhinandan is not returned

Watch: Pro-India accounts disrupt Pakistan’s anti-India online meeting on Zoom, play pro-Hindu and Indian nationalistic songs

Indic social media users caused embarrassment to Pakistani authorities and diplomats after they raided their online event on zoom

Here are ‘liberals’ who hailed Imran Khan’s benevolence for releasing Abhinandan, while he was shaking in his boots, thinking of Modi going to war

The usual suspects declared Imran Khan 'won' despite the fact that it was Indian Armed Forces that destroyed terror camps in Pakistan.

France: Three killed, reportedly beheaded by an Islamic terrorist shouting Allahu Akbar at a Church in Nice

Three people have died of which at least two are reportedly beheaded in a terrorist attack at Notre Dame Church in Nice, France.
- Advertisement -

France wakes up to the menace of ‘Islamo-leftism’, an alliance between leftists and Islamists that has been attacking India for decades

The French education minister spoke out on the dangers of Islamo-leftism in the aftermath of the beheading of Samuel Paty.

Pakistan court gives custody of 13-year-old Christian girl, who was kidnapped, raped and converted to Islam, to 44-year-old abductor Ali Azhar: Details

In a startling decision, a Pakistan court has granted the custody of a 13-year-old girl Christian girl to her 44-year-old abductor, Ali Azhar.

Nikita Tomar murder: Main accused Tauseef wants to be shifted to Bhondsi jail in Gurugram where his uncle, a hardened criminal is lodged

The SIT formed to investigate the Nikita Tomar murder case will be filing the charge-sheet in the coming 12 days

Munger SP Lipi Singh’s claims shattered, CISF report says Police first opened fire against Hindus, 13 bullets fired

Munger SP Lipi Singh had earlier defended the police violence on Durga Procession attendees in Munger and claimed that Hindus had fired, not the police

After Pakistan Minister’s Pulwama attack confession, India to approach International Court of Justice, seeks blacklisting of Pakistan by FATF

India is planning to approach International Court of Justice on the basis of admission on Pulwama attack made by Pakistan Minister

AIMPLB asks Muslims to boycott French products days after President Emmanuel Macron vowed to fight radical Islamic terror

AIMPLB said that freedom of expression is a right, however, one is not allowed to insult the sentiments of others in the name of freedom

AMU students, who wanted to dig ‘Hindutva ki kabar’, now protest against French President for standing up to Jihad after ‘blasphemy’ beheadings

After chanting against Hindus the students in AMU have now started a protest French President Emmanuel Macron for his remarks against Islamic terrorism

While Pakistan passes resolution against France for ‘islamophobia’, its NSA says Chinese persecution of Uyghur Muslims is a non-issue

Pakistan, which is vocal about rights of Muslims everywhere else, have chosen to turn a blind eye to persecution of Uyghur Muslims in China

Congress MLA organises protest of thousands of Muslims against French President and his ‘Islamophobia’ after his citizens were beheaded for ‘blasphemy’

Congress MLA Arif Masood organised and led a protest supporting terrorism in the name of Islam that led to the beheading of Samuel Paty and others in France.

Mumbai: French President’s posters pasted on road to be trampled upon after ‘blasphemy’ beheadings, Islamist Raza Academy lauds the act

Muslims in Bhindi Bazaar of Mumbai posted images of French President on the streets of the city, walked and drove on these posters as a mark of protest against Macron

Connect with us

245,563FansLike
471,316FollowersFollow
19,500SubscribersSubscribe