The writer is a senior lawyer based in Mumbai and managing partner, Parinam Law Associates
Congress and the judicial chokehold
When cases go against it, the party tends to try and leverage unfair advantage in judiciary
The Supreme Court gave an unambiguous verdict on the Rafale deal. The SC said that it is satisfied that there is no occasion to doubt the process, nor is there a case to be made of commercial favouritism. Yet, Congress President Rahul Gandhi, disregarding the Court, continues to trade in falsehoods.
The brazen disrespect of the highest court of the land by the Congress is not new. The party, in its conduct throughout the history of independent India, has considered the judiciary to be just another institution that can be bent according to the whims and fancies of the “high command” or the “family”.
Such conduct is reminiscent of the time when judicial appointments were made in accordance with the wishes of Indira Gandhi. The norm of independent judiciary was scuttled when Indira Gandhi appointed the person of her choice as the chief justice of the Supreme Court, bypassing three senior judges — Justices Shelat, Hegde and Grover. The three also happened to be the ones who had ruled on the Kesavananda Bharati case, not to the liking of Indira Gandhi.
Congress leader Mohan Kumaramangalam had defended Indira Gandhi’s move to supersede the three senior judges, saying that it is not just the skill or integrity that matters but also “the philosophy and outlook of the judge”.
The imposition of Emergency was an act of defiance against the Allahabad HC judgement that ruled against her for electoral malpractices. Justice Jagmohan Lal Sinha is said to have received a phone call saying his wife should not fast on Karva Chauth if he indicts Indira Gandhi. Sinha’s reply, so goes the anecdote, was that his wife had expired a few months ago.
Nowadays, the threats have become subtler, but they are equally devastating.
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