Justice AP Shah, a former Chief Justice of the Delhi High Court and former chairman of the Law Commission, has questioned the recent rulings pronounced by the Supreme Court. He has said that the Supreme Court has failed to express dissatisfaction with the ideology of the government by reducing the impulses of the majority public. Referring to various issues, including the Citizenship Amendment Act, removal of Article 370 from Jammu and Kashmir, Ram Mandir, NRC, he said that the apex body of law has not taken appropriate steps in these matters.
In a lecture organized in memory of freedom fighter and Gandhian LC Jain, Justice Shah said that the Supreme Court had also made mistakes in deciding the priority of hearing cases. He said that on many occasions, the court did not have time to hear public interest and civil rights cases. It was delayed. He also questioned the delay in hearing the petitions related to the situation after the removal of Article 370 in Jammu and Kashmir.
Justice Shah said that instead of banning electoral bonds, the court preferred to get the detail report in sealed envelopes on it. He said that many elections were held but in this case the case is lying there. Justice Shah also expressed surprise at the Chief Justice of the country in which the CJI had said during the hearing of the CAA case that first stop the violence, only then we will hear the case.
On the Supreme Court’s stand on NRC, Justice Shah expressed dissatisfaction saying that the court asked those people who were affected by NRC to become citizens and became petitioners after suffering. As Justice Shah, by doing this, the court in a way tried to prove the government’s argument that those who do not have the papers are foreigners.
On the decision to order the construction of the Ram temple in Ayodhya, Justice Shah said, “Equity was a major issue in this decision but the entire judgment as a result of the Supreme Court decision (which allowed the construction of the temple) is doubtful as it is still It seems as if the illegality committed by Hindus (first keeping the statues of Ram Lala in the mosque in 1949 and the Babri demolition in 1992) Despite the decision, the court has awarded the wrongdoer with its decision. ”
Justice Shah also wrote an article in an English newspaper a few days ago, targeting the judiciary in view of the ongoing protests at CAA. Justice Shah then wrote that there is nothing shocking in the demonstrations against the citizenship law across the country. He called the government machinery approach to the protesters unfortunate. Apart from this, he wrote that I personally feel the voice of the judiciary almost ‘missing’, or that the voice of the judiciary has been ‘subdued’ in a strong government.