'Judges Can't Sit In Ivory Towers Blindfolded To Miseries Of Citizens' : Sr Adv Dushyant Dave Criticizes SC Response To Migrants Crisis

The Supreme Court failed to act as per its constitutional role to protect the basic rights of the citizens of the country during the COVID-19 lockdown, said Dushyant Dave, Senior Advocate and President of the Supreme Court Bar Association on Saturday.Dave was particularly critical of the SC's response to the migrant's crisis, whereby it chose to believe the claims of the executive and refrained from making any meaningful interventions."Judges cannot sit in ivory tower and be blindfolded to the miseries of the citizens of India", he said.Expressing disappointment at the SC closing a case for migrants welfare by observing "How can we stop them from walking", Dave said :"If the judges had seen their grandchild walking on the road, and suddenly see a car rushing from the other side, would they not have tried to save the child? Every citizen of India is a grandchild of the SC of India"."I really do not know what is that prevents judges from acting as per their constitutional oath", he said.Dave was talking at a webinar organized by the All India Lawyers' Union on the topic "Role of Judiciary in Pandemic".He said that the Constitutional framers wanted judiciary to supervise and control both the executive's action and inactions. Article 32 of the Constitution, which enables a citizen to directly move the SC for enforcement of fundamental rights, was described as the 'soul of the Constitution' by Dr. B R Ambedkar, Dave reminded.He clarified that he was not meaning to say that the judiciary should interfere in the day to day functioning of the executive. The Constitution has demarcated the boundaries of each segment of the State.But when the executive is failing in its duties, when citizens' rights are taken away in an arbitrary manner, the judiciary has to step in."All that judges needed to do was to tell the executive that 'we are watching you. Your actions and inactions are hurting the nation, hurting millions of people. We will not allow this'", he said.Had the judiciary told the executive in strong terms that it will not let a single migrant worker suffer, the executive would have taken immediate measures to ensure their welfare, he added.The judiciary had been otherwise intervening in several matters under the garb of PIL, but when it came to the crucial issue of lockdown crisis, it chose not to act.The SC has singularly failed in its duties, he lamented. SC not only has powers, but also has duties to protect the fundamental rights of the citizens. Without remedies, the constitutional guarantee of rights is meaningless. "The pandemic gave a great opportunity to the judiciary to win over the hearts of the people and get back to the position of respect which it commanded for a long long time", Dave said. He said that it was "unfortunate" that the judiciary missed that opportunity.'The Walking Migrants Of This Country Need You' : Sr Adv Jaideep Gupta Urges SC To 'Pick Up The Brief Again' He opined that the the judiciary is singularly and systematically compromised. Even the outstanding judges within the judiciary, who may be in the majority, are also silenced."What is stopping outstanding judges from taking up matters suo motu? They should confront the chief justice's powers of master of roster. But they are remaining silent", he said.Instead of reminding the executive of its duties, the judiciary, at the invitation of the executive in a self-serving PIL, reminded the people of the country during the lockdown that they can be published for violating the lockdown guidelines under Disaster management Act.Dave also highlighted that the judiciary displayed similar passivity when millions of people were put to hardship due to demonitization."The same SC let down the country when demonitization was announced. The entire exercise proved to be a disaster. It did not achieve results except causing sufferings to millions of people. It did not wipe out black money. Government has not come out with figures". The nationwide lockdown with a 4-hour notice was a similar disaster, he opined.Migrant Workers Cases : SC Failed To Rise To The Occasion He added that the public opinion about judiciary is highly negative."If you see social media today, there are thousands and thousand of people who are absolutely critical about the judiciary. It is a different matter that the judges do not read them. But people are not thinking well about them. And this is not good for the nation.I love my judiciary. We want our judiciary to be better, effective, to give results and protect citizens and stop the executive from taking away our rights with lockdown of 4-hours notice and demonitization. We want them to act", Dave said.The same judiciary failed the people in the times of emergency, he added."This is not an emergency. The fundamental rights are not suspended. Yet, the judiciary has suspended the effective enforcement of fundamental rights", he said.He stressed that the bar has the duty to remind the judiciary of its roles, when it is...

'Judges Can't Sit In Ivory Towers Blindfolded To Miseries Of Citizens' : Sr Adv Dushyant Dave Criticizes SC Response To Migrants Crisis

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"This is not an emergency. The fundamental rights are not suspended. Yet, the judiciary has suspended the effective enforcement of fundamental rights", he said.

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