“The Supreme Court has failed the citizens of the country. It has failed in safeguarding the Constitutional Rights of the citizens.” He stated that “Judges cannot sit in ivory towers blindfolded to the miseries of Indian citizens.” Further, he condemned the Supreme Court’s response to migrant’s crisis.
A bench constituting Justices L Nageswara Rao, S K Kaul and B R Gavai observed that:-
“The Court couldn’t monitor the situation at hand. The State Government should take action.”
L Nageswara Rao, who led the bench said, “How can we stop them from walking? A Court can’t track who is walking and who is not walking?”
In response to the Supreme Court’s response on migrant issue Senior Advocate, Jaideep Gupta said:
“The migrants walk home is not a simple irresponsible act of a citizen. It’s a moment of existential crises for them. The Supreme Court could have done a lot. The walking migrants need you.”
Gupta also said that the Supreme Court must create checks and balances. Yet the Court refused to address the issue. Dave expressed disappointment on this statement given by the Apex Court.
He said “If the judges had seen their grandchild walking on the road and see a car rushing towards them. Would they have tried to save the child? Every citizen is a grandchild of the Supreme Court.” Moreover, he added, “I do not know what prevents Judges from acting as per constitutional oath.”
He mentioned the Constitutional framers wanted Judiciary to monitor the Executive actions. Article 32 of the Constitution enables a citizen to move to the Supreme Court. It’s described as “The soul of the Constitution” by B R Ambedkar.
Criticism by Sr Adv Dave upon the SC’s Response
Dave stated that when the Executive is failing in its duties, the Judiciary has to take action. The Supreme Court must enforce the Fundamental Rights. It is not an emergency. Hence, it cannot be suspended. The Judiciary has failed to do the same.
He said that even the excellent judges within the Judiciary remained silent. “Who is stopping the judges from taking up matters suo moto? Why are they remaining silent?”
Furthermore, he mentioned the misery caused to people due to demonetization. The Supreme Court let down the citizens at the time of demonetization too. He claimed that the public opinion of people about Judiciary is negative. People do not think very well of Judiciary, which does not work in favour of the nation. The Judiciary should protect its citizens moreover take actions. He highlighted, the Court should pay attention to ordinary cases of individuals too.
Dave finally said that if the Judiciary is not taking action, we cannot watch and do nothing. The bar should unite and put pressure on the Judges to take action.
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