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Thursday, March 28, 2024
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SC call on Arnab is right, but judiciary shouldn’t treat other pleas for liberty differently

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Supreme Court has taken the right call on Arnab Goswami. It’s also wise to emphasise that protecting individual liberties is the judiciary’s primary responsibility. But why should the judiciary treat many other prayers for liberty differently, often tossing these back and forth with adjournments? Equality before law goes with liberty.

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The march of Modi-Shah BJP continues as results from Bihar and bypolls show. Even the perfect storm of pandemic, lockdown and joblessness didn’t dent its fortunes. Bihar also demonstrated how a strong campaign, like Tejashwi Yadav’s, can scare NDA. It can neither take Modi’s charisma nor voters’ aspirations for granted.

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5 COMMENTS

  1. I truly doubt theprint.com patriotism towards the country. You folks never know how to even the definition of patriotism. Just stop preaching the people about the equality. People knew very much the concept of equality. Utterly shame on theprint.com team in hiding under ‘secularism’ and wring such vicious articles.

  2. Pray what are the other cries for liberty – that does not include trampling on the freedom of others, sleeping with the enemy, unsubstantiated insinuations, cal l for violence , violent revolution (by passing democratic principles and systems), Student political activities by “students” who exist as students ONLY for blatant campus political activities and so on ….

    Cross your hearts and decide – if there are any corrective actions are required. But who decides what is liberty? In the order – Individual, society, (Media?), Activists? Whoever? When all this eludes a resolution the law and justice system takes over…And then, of course, everybody does not agree with all verdicts……THAT is democracy for you. In a democracy, at the end of the day, justice WILL prevail. Mostly it has.

    At least we all have to believe that despite some shrill cries. It is not always what we see is what it is? But of course to Protest democratically is a right and THAT and only that is sacrosanct.

  3. The enlightened view would be that all Indian citizens should have swift, uncluttered access to justice that Shri Arnab Goswami does. An act of injustice, remanding him to four weeks’ judicial custody, in a time of pandemic, for an old case that has once been duly closed by a court, ought to be redressed. If necessary, by a vacation bench of the SC, through a four hour long hearing, on the day after the application has been made. 2. The other, slightly perverse, view is that if an 83 year old Catholic priest applies for permission to use a straw since his hands tremble while holding a tumbler, and the Court gives the authorities twenty days’ time to file their views in the matter, no reason why AG should be treated like POTUS in Walter Reed while everyone else takes their chances in an overcrowded municipal hospital in Bhagalpur. 3. # 1 and # 2 cannot be reconciled without destroying the foundational principle of equality before the law. Questions are being raised how some cases get listed out of turn. One aspect of this same principle underlay that famous press conference by four SC judges. 3. Judgments of the honourable apex court are the law of the land. Some strong, stirring observations made in today’s hearing ought to bind high courts and the lower judiciary when they take up matters pertaining to the liberty of citizens. As a practical matter, consider the crystal clear guidelines enumerated by the SC in 1962 on recourse to the drastic law of Sedition and how routinely these are flouted by police authorities. If today’s judgment and order are to illumine a more hopeful path to liberty for all citizens, the SC will have to be exceedingly vigilant and proactive to ensure that this becomes the gold standard, not an aberration.

  4. The verdict will be welcomed with a sigh of relief, more than a whoop of joy. Photo finish, not the landslide in UP in 2017, which CM Ajay Bisht has failed to convert into Sushasan and Vikas. Even so, a mandate from the people is something precious, for it carries so many hopes and aspirations. For the good people of Bihar one hopes the government that is sworn in will put away the caste / identity abacus. Settle down to doing something that can be showcased to the people in the next election.

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