The judge acknowledged the challenge of the impact of social media on judges but maintained that judicial maturity ensures resilience
Team Clarion
NEW DELHI — There have been several instances where the government in power used legal machinery to target opposition leaders, a recently retired Supreme Court judge has said.
In an interview with India Today TV, Justice Hrishikesh Roy, who retired from the apex court on January 31, acknowledged the increasing instances where the government in power has allegedly used legal mechanisms to target political adversaries.
“No government in a democracy remains in power forever. Therefore, it is in the interest of each government to ensure that the judiciary remains independent and impartial. Today, opposition leaders are moving courts over liberty and prosecution issues, but tomorrow, the ruling party could face similar challenges,” Justice Roy said.
The retired judge also urged political leaders to understand the importance of a robust judiciary and refrain from actions that could undermine its integrity.
When asked about the judiciary’s role in preventing misuse of laws, Justice Roy asserted that “the courts, whenever the situation demanded, have intervened and passed restraint orders”
Justice Roy flatly denied any political or governmental pressure on judges. “No, not at all,” he told India Today TV.
On directives by state authorities to shopkeepers to display their names along the Kanwar Yatra route, Justice Roy said: “The order in question was issued in a very cryptic fashion without actually indicating under what provision of law the order is being issued, etc. So, the legal issue was very clear that these directions were perhaps without any authority of law or at least demonstrated authority of law on the face of it.”
Commenting on the increasing number of legal cases involving religious communities, Justice Roy said the rise in such litigations is due to the media’s attention and publicity.
“There’s enough media coverage of a case of that kind. So, for the person who is doing it for a purpose, his job gets done just by the fact that he’s filed the case. In politics, even bad news is good news. You have to be in the news, even if it is not positive. But the courts by and large have been fairly vigilant about these kinds of publicity-oriented cases,” he added.
Justice Roy acknowledged the challenge of the impact of social media on judges but maintained that judicial maturity ensures resilience.
“Social media is a platform where the most ignorant can also pass a comment, and so can someone who is educated in law. Therefore, if too much importance is given to what is circulating on social media, one is bound to get distracted,” he said.
“But I feel that our judges are mature enough. Of course, somebody who just joined at the entry-level may have little difficulties, but as we go along in a judgeship, we become mature enough and confident enough to handle the case on its own merit rather than being influenced by what is circulating on social media,” Justice Roy added.