[ad_1]
On the release of 11 convicts in the Bilkis Bannu case, Judge Ajay Rastogi said the media was “not well informed”. He said that the convicts had served their sentences under the Code of Criminal Procedure. (photo: News18)
In an exclusive interview with News18, Judge Ajay Rastogi did not directly comment on the UCC debate but said that whatever the final outcome is, it will be ‘respectfully accepted by us’.
Justice Ajay Rastogi, who retired last month as the fourth most senior justice on the Supreme Court, in an exclusive interview with News18, defended justices who are often criticized on social media for their rulings and said they could make mistakes and are “always open to corrections”. He demanded that the media “don’t promote this, allow judges to act independently on the basis of the law.”
In an interview with News18, Judge Rastogi also spoke about the collegium system, which appoints judges to the Constitutional Court and has been a bone of contention between the judiciary and the centre.
The government came up with NJAC in 2015, though it was dropped. Will the current NJAC or collegium anchor make any difference? Ultimately, we collectively receive a call based on the data.”
The National Judicial Appointments Commission (NJAC) is a body proposed to make the appointment of judges and chief justices to the High Courts and Supreme Court more transparent, as they will be selected by a committee, whose members are drawn from the judiciary, legislature and civil society.
When asked about the involvement of R&AW Reports and the Intelligence Bureau in collegium decisions, Judge Rastogi said, “We, in a collegium, make a decision. The collegium thought people should know… The more I hid, the more people began to show Comments, let everything possible be shared in front of people at large.”
Some reports on Supreme Court decisions, which included portions of the IB and R&AW reports on certain names recommended by the Supreme Court for appointments to Supreme Court justices, were made public in January. Then-Law Minister Kiren Rigo described the matter as a “grave concern”.
In a debate on the country’s sedition law, Justice Rastogi said that people are more aware of their basic rights, particularly freedom of speech and expression. It’s okay to criticize the government. Not every criticism will fall within the scope of sedition… I personally feel that the government should reconsider and clarify the rulings so that the people realize their limitations.”
The Supreme Court, which upheld the constitutional validity of the provisions of the Prevention of Money Laundering Act (PMLA), Justice Rastogi commented that if the power is exercised arbitrarily, it is always open to judicial review. “We have to trust the system. Somewhere down the line we have to allow the system to work, but public comments about abuse of powers are not warranted.”
When asked about opposition leaders who are being targeted by central agencies such as the CBI and the Execution Directorate, he said he had “imagined”. “My request, regardless of partisan politics, that anyone who does something wrong, should be charged and booked by agencies and party lines should not be taken into consideration.”
As the debate over the Uniform Civil Code raged, Judge Rastogi did not comment directly on it, but said whatever the final outcome, “it will be respectfully acceptable to us.”
Amid the split of the National Congress Party in Maharashtra, and the accession of Ajit Pawar to the government led by Eknath Shinde, Justice Rastogi commented that such political considerations should be taken by the political parties. “Let them take their own call.”
On the release of the 11 convicts in the Bilkis Banu case, Judge Rastogi said the media were “not well informed”. He said that the convicts had served their sentences under the Code of Criminal Procedure. They have applied to the Gujarat High Court where they are imprisoned.
[ad_2]
