BJP ATTEMPTS TO VIOLATE INDEPENDENCE OF JUDICIARY

                                                                                                                         02.07.14

 

 

The Gopal Subramanium episode is a clear indication that the present Goverment is interested in having a committed judiciary to facilitate its agenda during its ruling period. The Chief Justice of India has  rightly reprimanded the Goverment for isolating Gopal Subramanium thereby casting a doubt on its functioning and credibility. Ravi Shankar Prasad who is usually so vociferous has clamped his mouth. A usually good strategy when there is no explanation to offer.

 

It has been reported that there is no adverse IB report on the honorable lawyer which would justify his being barred to be considered for the post of Supreme Court Judge. At least no IB report has been produced. Any other reasons are so sketchy and utterly frivolous. Like he demanded a membership of a swimming pool or he had a meeting with Raja defense team. The more important thing is that the Government has not attached a report of its findings while forwarding its adverse recommendations to the Collegiums of Judges. So nobody knows not even the Collegiums why the Government has found Gopal Subramanium unfit for the post. The CJ has objected to this and has also emphasised that the final authority for selection of Judges of Supreme Court lies with the collegium. The Government should have forwarded all the names back with its opinion and necessary documents if it disagreed with any of the names. The final  decision should have been left to the collegium. But the Government did just the opposite. It  omitted Gopal Subramanium name from the list. The law Minister when asked to comment on this retorted that there are precedents  for this. This is not a satisfactory answer. If there is a bad precedent then is the Government justified in repeating it. Especially when the present Government claims to be morally superior. It  is also alleged that the Government also spread rumours which casted doubt over the character of the learned candidate for SC judge. Gopal Subramanium has alleged that the Government systematically scrounged  dirt to malign him. There was a concerted attempt at character assassination. These are serious charges The Government should disclose in clear terms the reasons for rejecting his candidature .

 

The action  of the Government if viewed in a objective manner is quite strange and cast a suspicion on its intentions. Everyone in the judicial circle have a high respect for the competency of Gopal Subramanium. He has served the judiciary for more than 17 years and has a distinguished unblemished record. Today we need such competent persons to take over important positions who will strengthen the independence of judiciary. But it seems that the Government does not want this. What did the Government see in Gopal Subramanium which made him unfit for post of SC judge? The reason which is doing the rounds is that  because as amicus curie in Soharabbdin fake encounter case he did not the toe the BJP line. He criticised the role of Modi and Amit Shah and sided with the view that it was a premeditated murder in connivance with the Gujrat Government. These allegations cannot be brushed away. It has a ring of truth about it. Infact it seems to be the only logical explanation for the bizarre action of the Government. The Government acted out of vengeance. The Government did not want a judge whose views were contrary to it. So taking advantage of its power it set aside every prudent norm and decided to hit below the belt. The sad thing is it damaged the independence of the judiciary by its action.

 

Gopal Subramanium in the best traditions of judiciary has since withdrew his candidature. He did not want to hold a post where abinitio he has lost trust of the current Government. He did the right thing. However at this juncture the CJ of India and other judges should become more assertive. This is the time for the judiciary to fiercely protect the independence of the judiciary. This is the time to convey the message that judges could not be selected on the basis of their suitability to the Government. The CJ requested Gopal Subramanium to withdraw the letter asking for cancelling his candidature. But he has refused. The CJ should think of some other way out to set things right. This is the time for the judges to come together. It would be appropriate if the other 3 judged whose names have been cleared by the Government also withdraw their candidature. Then reconstitute the collegium and start the process anew. Let Gopal Subramanium apply again and the process completed under directions of the CJ of India.

 

 

 

 

AK BUNDI