Order. Order! Order? – Visiting Judicial Controversies of 2015

Whittier wrote –“For all sad words of tongue or pen,The saddest are these : It might have been.”Shedding the controversies of the winter past, 2015 wrote its own bundle of issues. Apart from the political establishments which have mastered the art of controversies and which probably run their business on controversies, the judiciary too this year proved correct Whittier’s notion of ‘It might have been’. Repeating a few and evolving fresh ones, controversies marked their presence on a national pedestal which tainted the image of judiciary.The most debated controversy of 2015 perhaps was the letter from Justice Kurian Joseph to the then CJI Dattu reasoning non attendance to the Joint Conference of Judges and Chief Ministers on Good Friday. Justice Kurian also wrote to the Prime Minister suggesting that important conferences should not be held on days of religious observance. Justice Dattu, in his reply stated that individual interests should not over shadow institutional interests and went on with the Conference. It created a lot of stir as communications between two constitutional authorities were put in public parlance and discussed by media. No less was the recusal issue raised by Fali Nariman in a unique way of bench hunting by opposing Justice Dave’s presence on the NJAC bench. Justice Dave recused but when the same objection was put to Justice Khehar, he refused to recuse and passed a reasoned order for presiding over the bench. Forum shopping by alleging apprehension of biasness against judges, though, is not new but when it came from a distinguished jurist like Fali Nariman, controversy was inevitable.Death penalty as a mode of punishment caused more stir this year especially when the Supreme Court opened its gates for a mid night hearing hours before execution of Yakub Memon as a vital and delicate issue of taking away human life by the state was involved. The 262nd Law Commission Report days after the execution recommended abolition of capital punishment except for terror related cases. Nevertheless, the discretion of opening courtroom at midnight was reused in a petition against the Juvenile release in Nirbhaya rape case. It created a lot of stir at year end again but Supreme Court refused to contain the juvenile beyond his term. Immediately afterwards, Rajya Sabha approved the amendment bill which bracketted juveniles between 16-18 years of age who commit henious offences separate from normal juveniles in conflict with law.Francis Bacon in his classic essay ‘Of Judicature’ warned judges to not get influenced by the status of the accused. 2015 witnessed a series of influential cases being heard and disposed off & created a lot of controversy. Tamil Nadu’s Chief Minister Jayalalitha’s acquittal in disproportionate assets case crafted a new joke in the lawyer’s corridors – “What is the basic criterion of becoming a judge? – You should not know maths. ” After a strongly worded conviction by the trial court and a lot of drama over jurisdiction of High Court and Public Prosecutor, the Karnataka High Court acquitted her and allies of all charges. The matter is now sub judice in the Supreme Court and notices have been issued while posting the matter in January 2016. Another celebrity, Bollywood’s Bhai – Salman Khan’s hit and run case – Jail, Bail & Acquittal created a lot of stir. The trial court found him guilty and awarded jail. The very same day, Bombay High Court granted him bail and within 8 months he stands acquitted of all charges. Sadly, after 13 years of the unfortunate incident, investigation was found to be flawed and the chances of convicting the real culprit now are minimal. The acquittal order for ansals in Uphaar cinema verdict also created quite a stir as even after arriving at culpability, the court deemed it fit not to imprison them but allow only fine to the tune of Rs 60 Crores. However, the most controversial celebrity legal event in 2015 was the state sponsored lobbying against Teesta Setalvad & the Supreme Court had to step in. In a one of its kind matter, a battery of senior lawyers stood for Teesta against the army of govt. law officers and successfully defended her fundamental rights. The matter took political twists and turns and as of date, Teesta & her husband are at large.Shakespeare wrote in Richard II, Act I, Sc. I –“The purest treasure moral times affordIs spotless reputation; that away,Men are but gilded loam or painted clay” The image of higher judiciary was questioned in the M.P Sexual harassment case. A district judge sought action against a sitting High Court judge in Madhya Pradesh alleging sexual harassment. Indira Jaising appeared for the petitioner and claimed that due procedure should be followed. The Supreme Court through Justice Khehar appointed a fresh 3 member committee of Justices G.Rohini, Ajay Rastogi & Chandrachud which opined that there was no case against the High Court Judge. The findings of the panel have been challenged by the petitioner in the...

Order. Order! Order? – Visiting Judicial Controversies of 2015

Namit Saxena

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