Wednesday, August 12, 2020
Home India Delhi High Court's remarks political rather than legal: experts

Delhi High Court’s remarks political rather than legal: experts

New Delhi: Senior legal experts yesterday denounced the Delhi High Court’s remarks on nationalism and love for the nation while granting bail to JNU student leader Kanhaiya Kumar.

Judge Pratibha Rani’s observations are a part of a judicial trend which needs to be curbed right away, leading advocates said, with one dubbing them “totally uncalled for, unwarranted and unfortunate”.

Senior lawyers said the judge appeared to be broadly espousing the official line on the events at the Jawaharlal Nehru University (JNU) where Kanhaiya Kumar was arrested on February 12 on charges of sedition.

He was accused of raising anti-India slogans at a meeting organised to mark the execution of parliament attack convict Afzal Guru, a militant from Jammu and Kashmir. Kanhaiya Kumar has repeatedly denied the charge.

The high court judge, while granting six-month interim bail to Kanhaiya Kumar, reminded him his fundamental duties, love for the country, nationalism and the sacrifices soldiers were making and the demoralizing effect that anti-India slogans had on the families of martyrs.

Pointing out that the observations had been lapped up by government circles and right-wing groups, activist-lawyer Prashant Bhushan told reporters: “It is a political rather than a legal judgement.”

“The judge has no business to expound on nationalism or anti-nationalism which is not an offence under the law.”

He added: “Nationalism is not defined anywhere and is not a ground on which freedom of speech can be restricted.”

“By expounding on this issue, the judge seems to have played into the hands of those who are using this as a political weapon to drum up fascist hysteria in this country.”

Echoing Bhushan’s sentiments, Supreme Court Bar Association president and senior counsel Dushyant Dave described the observations as “totally uncalled for, unwarranted and unfortunate”.

He added: “Judges must stay away from political debate.”

Saying Kanhaiya Kumar deserved unconditional bail, Dave said: “Nationalism is not a part of judges’ function to write about. They must confine to law and not emotive issues.”

Former Delhi High Court judge Rupinder Singh Sodhi said that making loose observations was an unfortunate trend that the judiciary was adopting. “I think this trend has to stop now and immediately.”

Justice Sodhi, also a senior lawyer in the Supreme Court, says granting interim bail had no legal precedent.

“All bails are interim in nature and can be cancelled at any time. Ordinarily, an interim bail is granted to fulfill an extreme social obligation which the court can always accommodate. As a rule, bail can either be granted or dismissed.”

Another leading lawyer who did not wish to be identified by name said that while attempting to define nationalism in a pluralistic society, the judge seemed to have overstepped her judicial limits.

“Her observations are symptomatic of all that ails Indian judiciary and deserve to be expunged.” (Parmod Kumar, IANS)

STAY CONNECTED

18,957FansLike
362FollowersFollow
1,781FollowersFollow

Most Popular

Bollywood Blends In Janmashtami Colours

On the occasion of Janmashtami, celebrities took to social media to extend greetings to their fans, giving a glimpse of how they are celebrating...

5 Reasons Why More Online Casinos Accept Indians

Gambling in India is as old as India itself, so it is not surprising that more and more online casinos accept Indian punters, looking...

3 Types of ULIP Plans in India that Gives Guaranteed Returns

In today’s competitive world, there are plenty of saving and investment choices that decide your future financial wellbeing as well as that of your...

Mouthwash Use Can Reduce Covid Transmission Risk

In the fight against the novel Coronavirus, a team of German scientists has claimed that Sars-Cov-2 viruses can be "inactivated" using commercially available mouthwashes. According...

Increased Foreign Investments into India’s Gaming Market

There has been an increase in gaming activities in India since 2016. This has led to growth in the gaming sector of India. This...

Actress Madhuri Dixit Shares Her Bollywood Journey With Fans

Actress Madhuri Dixit-Nene went down memory lane and shared how she was bitten by the acting bug. "This day back in 1984 I started my...

This Survey Reveals India’s “Consciousness” Towards Diet and Nutrition

As many as 97 percent Indians are aware of the essential nutrients and micro-nutrients required for their body, of which 60 percent 'rarely' or...

Heavy Cigarette Smoking Leads To Complex Health Issues: Study

Each cigarette smoked a day by heavy smokers increases the risk of contracting several diseases by more than 30 per cent, warn researchers. The study,...

Recent Comments