Judiciary & Media Need To Be Independent To Avoid Criticism That They Are Close To Ruling Party: Justice Abhay Oka

To avoid the criticism that the media and the judiciary are now-a-days inclined towards the ruling party, both the pillars of the democracy need to be fearless and independent, said former Supreme Court judge Justice Abhay Oka on Friday.The judge in his lecture at Mumbai Press Club on the topic "Holding the Government to Account: The Role of an Independent Judiciary and a Free Press" spoke about the role of the media and also the courts to uphold fundamental rights of citizens and also on the criticism of falling standards in the press and the criticism of the judiciary. "Today, we speak about falling standards of media and it being controlled by corporates and the inclination of the media to ruling parties... Similar criticism has been for the judiciary in some quarters. Though I am part of judiciary, I have to accept that, that criticism is being offered. The solution to avoid such criticism is there has to be a fearless, independent judiciary and press to keep the executive in its bounds," Justice Oka said. The judge said that the media and the courts must come down heavily whenever there is a violation of the fundamental rights of the citizens, especially of the rights of free speech and expression and also the right to life. He emphasised that courts and the media must protect citizens against injustice. "Judiciary has to enforce the fundamental rights of citizens especially the ones guaranteed under Article 19(i)(a) and Article 21 of the Constitution of India. It should not only protect the fundamental rights but also protect citizens against injustice and in fact it must come down heavily against any injustice...Even the Press must be vigilant and come down heavily against violation of fundamental rights and injustice to common man...Press is in a better position to influence the opinion of the common man, capacity to influence opinion of its readers," the judge said. The judge further stressed that unless there is satire, art, literature etc, humans won't be able to survive."We have dramas, movies, cartoons in existence... All this of course, includes free speech... So without freedom of speech and expression, we can't live a dignified life or meaningful life... Thus, when someone violates this right, it also encroaches on our right to life...More the responsibility of the courts to enforce the fundamental rights because they are in position to enforce the fundamental rights .. they can come down on illegalities, which they see around," the judge said.Justice Oka explained how judges sitting in the court hall can only decide whether something is legal or not, but it is for the media to discuss whether something is proper or not. "When a matter comes to me, wherein Article 19(i)(a) right is breached by the government because that person spoke something or wrote something etc... my duty as a judge is to see if his rights are violated or any offence is made out...But I as a judge cannot say what that person has said may be proper or not. That is for the media to say if it is proper or not. I as a person may not like some drama, some stand up comedy, speech, etc but when I sit as a judge it doesn't depend on my personal likes or dislikes... My duty is to check if there is any violation of free speech or if there is any offence etc... my duty is to write a strong judgment and come down heavily...But the media has the power to say that whatever was said was proper or inappropriate," the judge explained. On Justice Varma's CaseOn a question as to why no FIR against Justice Yashwant Varma despite cash being uncovered at his residence, Justice Oka said he would not be able to comment on this as he was part of the consultative process for the in-house committee. He, however, junked the contention that 'judges are above law.'He said, "If there is no protection to judges, imagine how many FIRs would be lodged against the judges.. will they be able to perform their duties then?"No Data To Show Only Those Close To Ruling Party Get BailJustice Oka also refused to accept that the likes of Umar Khalid and Stan Swamy are denied bail only because they are not close to the ruling party but people like Ram Rahim are given parole regularly because they are close to the ruling dispensation."A person, who is entitled to bail as per law, must get bail and there cannot be any dispute on this...However, the contention that the ones close to a ruling party get bail is one perception. It may be true also but a systematic study is required as to in which all cases who have got bail, etc. Study is needed to see if only people close to ruling party get bail and once such a study indicates that, then you can say so," the judge said. Courts Should Not Be Concerned About Cause For ProtestsDuring his speech, when the judge was asked about the recent order of the Bombay High Court refusing permission to Communist Party of India (Marxist) for protesting the genocide in Gaza and asking the party to 'be patriots', he said it is not the...

Judiciary & Media Need To Be Independent To Avoid Criticism That They Are Close To Ruling Party: Justice Abhay Oka

Narsi Benwal

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