Former Karnataka HC Judge says Supreme Court Judgments should be critically examined

Team SoOLEGAL 20 Aug 2018 11:00am

Former Karnataka HC Judge says Supreme Court Judgments should be critically examined

Advising people against treating the judgments passed by the Supreme Court as faultless, retired judge of the Karnataka HC HN Nagamohan Das on Saturday said that one must examine the top court's verdicts critically – since it is the only way that we can expect “pro-people verdicts”.

Das, who presided over a special lecture on ‘SC/ST Atrocities Act’ organized by the Dr BR Ambedkar Research and Extension Centre at the manasagangothri campus of the University of Mysore (UoM), said that people hold the right to question verdicts delivered by the Apex Court.

People of India have lost faith in the legislature and the executive, but they still have faith in the judiciary. So, SC verdicts must be analysed and criticised in a way to ensure the public does not lose faith in it. Healthy criticism will ensure that justice prevails in the society,” said Das.

While speaking at the event regarding SC/ST Atrocities Act, which was at the centre of a heated debate recently, the ex HC judge said that Dalit communities had, for centuries, stayed disempowered not only economically but also socially and culturally.

“It is only now that they have been empowered politically, and economically,” Das further added.

Das continued his speech saying that while all religions had their respective holy texts like the Bhagavad Gita, Bible, Quran, etc., the Constitution served as a book of codes for all the citizens of India.

And thus, “When every citizen reads and implements the Constitution, 90% of the issues plaguing India will be solved. Sadly, while the judges of the high courts and the Supreme Court have read the Constitution, its values are not reflected in their verdicts,” the former HC judge said.

Das then lashed out at those who burnt copies of the Constitution, saying,

At a time when MPs and MLAs swear by the Constitution when they take their respective oaths of office, and promise to discharge their duties in its name, it is sad that we had to see some individuals burning the Constitution.”

In the meantime, ex director general of police S Mariswamy, who inaugurated the event, said that the SC’s verdict in the Subhash Kashinath Mahajan v/s The State of Maharashtra case had resulted in the dilution of the SC/ST Act.

The legislation started as the Untouchability Offence Act, and later amendments were added to it, and the law became the SC/ST Prevention of Atrocities Act in 1989. The Supreme Court’s orders directing the government to prevent misuse of the Act could have made the community and the legislation powerless. Indian judiciary is now at the crossroads,” Mariswamy said.

Tagged: SC/ST Atrocities Act   SC/ST Prevention of Atrocities Act   Former Karnataka HC Justice Nagamohan Das   High Court   Karnataka   Supreme Court  
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