New Delhi (TIP)- Chief Justice of India (CJI) DY Chandrachud on Friday, December 16, said that no case is too small for the Supreme Court and that the lack of intervention in matters related to personal liberty can lead to “serious miscarriage of justice”. His comments came two days after Union law minister Kiren Rijiju’s statement in the Rajya Sabha where he suggested the top court to avoid hearing bail pleas and “frivolous PILs” to tackle with the large pendency of cases.
“No case is too small for the Supreme Court and no case is too big because we have to answer the call of conscience and the cry of liberty of our citizens. That is why we are here and these are not one-off cases. If we do not act in matters of personal liberty and grant relief, then what are we doing here?” the CJI observed while heading a bench comprising Justice PS Narasimha which was hearing a case related to a man from Uttar Pradesh, Iqram, sentenced to two years in jail for theft of electricity.
On Wednesday, Rijiju told the Parliament that the apex court should only hear constitutional matters instead of bail applications to avoid high pendency of cases. He has also been at odds with the top court over the appointment of judges and favoured the National Judicial Appointment Commission, a proposed government body that would have replaced the collegium system of judges’ recruitments. It was struck down by the apex court in 2015 terming it unconstitutional.
The Union minister also made a remark on court availing long vacations that prove inconvenient to justice-seekers. “There is a feeling among people of India that the long vacation which the courts obtain is not very convenient for justice-seekers,” he said.
Supreme Court forms vacation benches to hear cases during its summer breaks, however, such benches are not availed during winter breaks.
Likewise, the CJI announced that the court will not have vacation benches during this year’s winter break between December 19, 2022, and January 2, 2023.
CJI Chandrachud further said that a case like theft of electricity cannot be elevated to that of murder. The court would be failing in its duty under Article 136 of the Constitution if it doesn’t intervene whenever there is a miscarriage of justice, he added.
“The intervention by this court to protect the liberty of the citizens is founded on sound constitutional principles embodied in Article 136 of the Constitution. The right to personal liberty is a precious and inalienable right recognised by the Constitution,” he said.
Article 136 permits the Supreme Court to take up any appeal against judgments passes by any court or tribunal in the country.
Opposition leaders lashed out at the comment of Union law minister and MP Kiren Rijiju as he said the apex court should not be hearing bail pleas and frivolous PILs at a time when the pendency of cases is so high. Rijiju said this in the Rajya Sabha during a debate on a bill to rename the New Delhi International Arbitration Centre as the India International Arbitration Centre which was passed on Wednesday by the Rajya Sabha.
Senior advocate Kapil Sibal questioned: “Does he even know the meaning of liberty?”
Congress leader Salman Khurshid tweeted, “Forget NJAC, Govt wants to micromanage judiciary: cut vacations, no priority to bail, et al. What next?”
On Thursday, Rijiju said in Parliament the issue of high judicial vacancies will keep coming up until the procedure of the appointment of judges changes.
Trinamool’s Saket Gokhale said this comment is a direct assault on the independence of the Judiciary. “Law Minister @KirenRijiju is basically saying that vacancies for judges won’t be filled up unless Modi govt is allowed to appoint its own people as judges. Beyond brazen & another attempt to capture institutions,” he said.
Source: HT