Indian govt uses legal mechanism to target opposition, says Retired SC Judge
New Delhi: Justice (Retd) Hrishikesh Roy has said that there have been several instances where the government in power used legal machinery to target opposition leaders.
According to Kashmir Media Service, Hrishikesh Roy, who retired from the Supreme Court on January 31, in a media interview acknowledged the increasing instances where the government in power has used legal mechanisms to target political adversaries.
“No government in a democracy remains in power forever. Therefore, it is in the interest of each government to ensure that the judiciary remains independent and impartial. Today, opposition leaders are moving courts over liberty and prosecution issues, but tomorrow, the ruling party could face similar challenges,” Justice Roy said.
The retired judge also urged political leaders to understand the importance of a robust judiciary and refrain from actions that could undermine its integrity.
When asked about the judiciary’s role in preventing misuse of laws, Justice Roy asserted that “the courts, whenever the situation demanded, have intervened and passed restraint orders”
Justice Roy flatly denied any political or governmental pressure on judges. “No, not at all,” he said
On directives by state authorities to shopkeepers to display their names along the Kanwar Yatra route, Justice Roy said: “The order in question was issued in a very cryptic fashion without actually indicating under what provision of law the order is being issued, etc. So, the legal issue was very clear that these directives were perhaps without any authority of law or at least demonstrated authority of law on the face of it.”
Commenting on the increasing number of legal cases involving religious communities, Justice Roy said the rise in such litigations is due to the media’s attention and publicity.
Justice Roy acknowledged the challenge of the impact of social media on judges but maintained that judicial maturity ensures resilience.
