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Several retired judges have expressed their dismay to The Quint over comments made by Justice Arun Mishra at the International Judicial Conference in New Delhi on Saturday, 22 February, in which the sitting judge of the Supreme Court effusively praised Prime Minister Narendra Modi.
Delivering the vote of thanks, following speeches by the PM, Chief Justice of India SA Bobde, and Law Minister Ravi Shankar Prasad, Justice Mishra said that “under the stewardship of internationally acclaimed visionary Prime Minister Narendra Modi,” India was committed to constitutional obligations and is a “responsible and most friendly member of the international community.”
He also thanked the PM for his speech, saying,
Justice (retd) AP Shah, former Chief Justice of the Delhi High Court and former chairman of the Law Commission of India, said that without any disrespect to the Prime Minister, he had to record his “strong disapproval” for these kind of comments by a sitting judge of the apex court.
Justice (retd) RS Sodhi, a former judge of the Delhi High Court, also said that such comments could send the wrong message about the judiciary and the objectivity of judges who often have to hear cases in which the government is a party.
He noted that back when Indira Gandhi won the general elections in 1980, Justice Bhagwati of the Supreme Court had written a letter congratulating her for her ‘remarkable achievement’, as he put it. The letter was condemned by advocates, seniors and retired judges at the time, as ‘it was felt that the judiciary should not align itself with the Executive and keep their comments absolutely to themselves”, Justice Sodhi recalls.
“I don’t think anything has changed since that time and today,” he says, adding that there has been a tradition among judges to avoid expressing any opinions publicly, as the judiciary is an independent institution.
Justice (retd) PB Sawant, a former judge of the Supreme Court, said that “it is most inappropriate for a sitting judge to praise the Prime Minister in this manner.”
The retired judge was scathing in his disapproval of the context in which the comments were made, and said he wanted it put on record that he had said “it was the best joke of the year”.
Another retired judge of the Supreme Court also said that he“had a good laugh” after he heard the statements, which, however, he said “should not be made from a public platform.” He further expressed his disappointment over such statements being made by a sitting judge of the apex court, and raised concerns over what this would mean for the institution going forward.
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Published: 22 Feb 2020,07:48 PM IST