Kapil Sibal, a Rajya Sabha member and senior advocate, has expressed his displeasure with some recent Supreme Court decisions, saying he has “no hope left.” “within the institution
“If you believe you will receive relief from the Supreme Court, you are greatly mistaken.” And I say this after 50 years of practise before the Supreme Court “According to an ANI report, Sibal stated
Even when the Supreme Court issues a landmark decision, he says, it rarely changes the ground reality.
“I will complete 50 years of practise in the Supreme Court this year, and after 50 years, I feel I have no hope from the institution.” You talk about the Supreme Court issuing progressive decisions, but what happens on the ground is vastly different. The Supreme Court issued a ruling on privacy, and ED officers show up at your door… “Where has your privacy gone?” The news agency quoted Sibal as saying.
Kapil Sibal was speaking at a People’s Tribunal on the “Judicial Rollback of Civil Liberties” held on Saturday in Delhi by the Campaign for Judicial Accountability and Reforms (CJAR), the People’s Union for Civil Liberties (PUCL), and the National Alliance of People’s Movements ” (NAPM).
Kapil Sibal was speaking at a People’s Tribunal on the “Judicial Rollback of Civil Liberties” held on Saturday in Delhi by the Campaign for Judicial Accountability and Reforms (CJAR), the People’s Union for Civil Liberties (PUCL), and the National Alliance of People’s Movements ” (NAPM).
Kapil Sibal chastised the Supreme Court for dismissing a petition filed by Zakia Jafri, widow of former Congress MP Ehsan Jafri, challenging the clean chit given by the Special Investigation Team (SIT) to Prime Minister Narendra Modi and others in the 2002 Gujarat riots; upholding provisions of the Prevention of Money Laundering Act that give the Enforcement Directorate vast powers; and dismissing a 2009 petition seeking an independent investigation into alleged incid
A bench led by retired Justice AM Khanwilkar issued all of these decisions. Sibal testified on behalf of Zakia Jafri and other petitioners who were challenging the provisions of the PMLA Act. He also stated that “sensitive cases” are only assigned to a few judges, and that the legal community usually knows what the outcome of the judgement will be ahead of time.
“… I do not want to speak in this manner about a Court where I have practised for the past 50 years, but the time has come.” Who will speak for us if we don’t? “The reality is that any sensitive matter that we know has a problem is brought before certain judges, and we know the outcome,” he explained.
“Jis court mein judge bithaye jaate hain (where judges are instituted) through a process of compromise,” he said, adding that “a court where there is no system to determine which case will be presided over by which bench, where the Chief Justice of India decides which matter will be dealt with by which bench and when, that court can never be independent.”
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