"We Are Always Angry, Our Anger Has No Meaning":CJI [Courtroom Exchange In Sr Adv Ashwani Kumar's PIL]

The hearing in the PIL by former Union Law Minister Ashwani Kumar for effective and purposeful legislation against custodial torture was privy to an intriguing exchange between the Senior Advocate, Attorney General K. K. Venugopal and Chief Justice Ranjan Gogoi on Wednesday morning. When the Chief Justice asked where in his petition Mr. Kumar has made a case for directions to be issued by the court under Article 142 to govern the field pending the enactment of a law, Mr. Kumar advanced that he has not been afforded an opportunity to be heard so far, the matter earlier having been disposed on the assurance of the then-Attorney General that the recommendations of the Law Commission for a stand-alone law would be duly heeded. "Everybody seems to say this that they are not being heard! Let us discharge the board today and hear only this!...We have been on that side and now on this side. We know the compulsions. We know how many cases are begging for our attention. Please don't remind us of Supreme Courts that have ten cases before them. With the population and the numbers we are dealing, the situation is very different!", reflected Chief Justice Gogoi." "Don't be in a hurry. Proceed as you may. We are hearing you and nobody else...", added the Chief Justice. When Mr. Kumar asked if the bench was upset, the Chief Justice commented, "we are always angry. Our anger has no meaning...we will hear. no other cases today or tomorrow or even on Friday. Now that the grievance has been voiced by such a senior lawyer that he has not been heard, we will make up for it" After a marathon hearing that began right in the morning, the PIL being item 1, even as the petitioner-in-person made his rejoinder submissions at 3:30 PM, the Chief Justice insisted that Mr. Kumar walk the court through all the precedents he has cited- 'When you rely on a case, we can't read it ourselves', vocalised the Chief Justice. "This is not the usual reply. Any number of judgments may have been referred...", the AG stood up to say. "This is not a usual case", the Chief Justice articulated simply. As the bench rose at 4, Chief Justice even permitted Amicus Curiae Colin Gonsalves, who was on his feet then, to resume the following day. When an Advocate sought to mention a capital punishment matter, the Chief Justice observed sharply, "the court can only sit till 4. Whatever is not done is not done. We don't know (how long this hearing will last)...Till we reach something it has to continue...there is no liberty to mention anything. If it is capital punishment, let it be..." The hearing as it transpired : In context of the prayer for a direction to the Parliament to introduce a law on the lines of the Prevention of Torture Bill of 2010, the Chief Justice had expressed, "okay, we will issue a writ. Government of India, please fulfill your constitutional promise towards human dignity! Where does it take you? And how would we look to the rest of the world? The Supreme Court of India Issuing directions to the Parliament on the request of a former law minister?" Mr. Venugopal also interjected, saying, "The United Nations Convention against Torture (UNCAT) was signed in 1997. Since then, nothing has happened. He (Mr. Kumar) was himself a Member of Parliament. He has also been the Minister of Law!...so far as we are concerned, since Your Lordships have been seized of this matter, we have been cooperative. But you can't ask the Parliament to do something as that this beyond your jurisdiction..." "Are you apprehensive that we would do it?", the Chief Justice asked the AG in a lighter vein. Intervening, Mr. Kumar argued, "I don't know much about the law, but what I know is that it is the Constitution which is Supreme and not the Parliament. Your Lordships have a very wide power of judicial review to nudge the Parliament...I am espousing a cause; it is nothing adversarial...it doesn't lie in the mouth of the AG to say I didn't do anything! Well, that is why I am here before this court! Because Your Lordships are the ultimate custodians of the Constitution...in fact the AG should have told me that as the representative of the people, he shall request the Supreme Court to direct the Parliament. But If am I responsible, crucify me..." The Senior Counsel tried to convince the bench that the guidelines which the Court is inquiring about are all to be found in the 2010 Bill- fair and impartial investigation; burden of proof and presumptions; protection, rehabilitation and quantum of compensation; delinquent public servants, and sanction for prosecution; Grievance redressal mechanism, and the need for speedy trial. "Point out why these are not already covered under the Cr. P. C. and the existing laws?", quizzed the Chief Justice. Stating that the Cr. P. C. does not even define 'torture', Mr. Kumar submitted, "Every year, there is a human rights review in Geneva, where the AG represents the country. Since 2008, it has been India's consistent stand that we...

"We Are Always Angry, Our Anger Has No Meaning":CJI [Courtroom Exchange In Sr Adv Ashwani Kumar's PIL]

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