At launch of Veerappa Moily’s book, Thakur says an independent judiciary is necessary to ensure the survival of democracy.
New Delhi: In a sharp response to the recent spate of violence, former chief justice of India T.S. Thakur said mob lynching is a complete failure of law and order.
Speaking at the launch of former law minister M. Veerappa Moily’s book The Wheel of Justice in the national capital Wednesday, the former top judge said, “If (a) mob can take law in hands and administer summary justice, something is wrong,” he said.
Thakur also said it is necessary for the judiciary to be independent to ensure its survival, and that of democracy.
“A judiciary which succumbs to pressure will not be able to protect the Constitution or the rule of law,” Thakur said, referring to the recent judicial crisis that has plagued the corridors of the apex court and the executive alike.
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Former prime minister Manmohan Singh released the book in the presence of Moily, Thakur and Supreme Court judge A.K. Sikri at the India International Centre.
Rule of law
Thakur referred to the midnight hearing of Yakub Memon — convicted in the 1993 bomb blasts case — for his mercy plea challenging the death penalty to indicate the system’s belief in the rule of law.
“We could have left him to be lynched but it would be negation (of all that we believe in), and if that had happened our heads would have hung in shame,” he said.
Referring to portions from the book, Thakur agreed with Moily’s suggestions for the litigation policy and added a few of his own. “It is the independent judiciary that looks after Constitution, but it also ensures we remain governed by the rule of law and not an autocrat,” he said.
Thakur said Moily’s suggestion for the need of an independent judiciary has “contemporary relevance”.
“When someone like Moily shakes us up and reminds us, it’s not without reason. Because we need to be constantly reminded that we are facing some challenges on that front,” Thakur added.
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Speaking about the independence of judiciary, which has been a topic of discussion in the past few months, Thakur said, “This issue has been debated in public domain… questions raised… and many remain unanswered.”
“Judges themselves have come forward and raised questions,” he said referring to the January press conference held by four senior Supreme Court judges. “In this scenario, this subject he (Moily) raised assumes importance,” he said.
‘Good governance’
Sikri later lightly observed that Thakur essentially spoke 80% of what he was going to say. “If I was still on the bench with him, my speech would be over in two words — I agree,” he said, invoking laughter from the audience.
Sikri introduced the book while speaking about the issues plaguing the litigation policy. “The book talks of good governance and how it must be achieved in a democracy. Since justice Thakur has already spoken on this issue, I won’t go in detail,” Sikri said.
“All the wings of the state are to work in tandem to achieve justice for marginalised sections of the society. At the same time judiciary is the final arbiter. That is the sense of justice in a judge which can impart justice,” Sikri added.
Much talked about Cow protectiion beasts mobs. They try to create a social threat to a section by vilolence and killing. Now it is terrorism. They shall be charged under anti-terrorism law.