Shri Kejriwal & Manish Sisodia’s Threatened Boycott Of High Court Is An Attack On The Foundation Of Our Nationhood
Rajiv Upadhyay
Shri Kejriwal and Manish Sisodia have decided to boycott High Court hearing on liquor case because of presence of Justice Swarana Kanta Sharma on the bench as judge . Kejriwal wanted her exclusion as he thought he will not get a fair hearing with her in bench .
Justice Swarna Kanta in a 115 page judgement explained her position quite well .
A small question in this case is whether a litigant can judge a Judge ?
Supreme / High Court Judges go through a very strong selection system . They have their opinions too as brought out very strongly by Justice V K Aiyar in his landmark judgement on death penalty . But Chief Justice constitutes a bigger bench when larger issues are involved . In this case too he will decide the size of the bench . It is the collective opinion of the judges that will decide the case . This is a universal practice.
So the system takes care of individuality of judges . Litigants cannot be given the right to choose the judge as it will make a mockery of the judicial system .
But beyond the legal issue this is a very dangerous precedent being created by a person who once threatened to disrupt 26 th January parade as chief minister and who cut electricity wires on poles to protest against bills . He spoilt forever Indian politics by ‘Rewari’ culture which has now become the new norm in electoral politics .
But beyond that this move has done a far reaching damage to our very nation hood . All type of disputes including inter river water disputes , States vs Centre disputes , Ayodhya type disputes have a common governing clause ie let Supreme / High Court decide .
Once we politicise judiciary by street agitations the real beneficiaries will be the terrorists , separatists , big criminals , foreign intelligence agencies . Because if not Supreme / High Court than who else can judge . You destroy the very foundation of constitution .
By and large in spite of many aberrations , our judicial system has delivered and judgements are often speaking orders giving insight into the reasoning . There is a provision for appeal in form of revision petition . There was the famous case of ban on Jallikattu in 2014 which Jayalalitha too opposed . Finally an ordinance was passed reversing High Court Judgement which was supported by Supreme Court too. . Diwali Patakhas ( crackers ) were another area where public was very much against Supreme Court but leaders exercised restraint in larger national interests .
But a Satyagrah against Supreme Court in a criminal case is playing directly into anti national forces . It will unleash forces that nation cannot control including communal riots , sabotage , terror attacks etc .
Government and Supreme / High Court should follow the law and if the duo has to be freed or jailed, it should be done by appointing a lawyer to defend in absentia and completing the hearing in absentia.
Shri Kejriwal should not be allowed to destroy the nation from inside like a Trojan horse .
Judgement of Justice Swarna Kanta Sharma can be read on
Justice Swarana Kanta Sharma says ‘put on trial’ in Arvind Kejriwal case
