Rajya Sabha MP and senior Counsel, Kapil Sibal, has expressed his displeasure over a number of the recent judgements passed by the Supreme Court saying he has" no hope left" in the institution.
The senior counsel was speaking at the People's Tribunal held at the Constitution Club of India in the national capital, on the topic Judicial Rollback of Civil Liberties
You're big-time mistaken if you're still thinking that you'll get relief from Supreme Court. and that I am saying this after completing 50 years of practising in the Supreme Court," Sibal said.
Sibal criticised the Supreme Court for dismissing a solicitation filed by Zakia Jafri, widow of former Congress Member of Parliament Ehsan Jafri, challenging the clean chit given by the Special Investigation Team( SIT) to Chief Minister of Gujarat some time past and present Prime Minister of India Narendra Modi and several other in the 2002 Gujarat riots; upholding provisions of the Prevention of Money Laundering Act that give the Enforcement Directorate vast powers, and also dismissing a 2009 suit seeking an independent inquiry into alleged incidents of extra-judicial killings of 17 tribals in Chhattisgarh by security forces.
Further, he said that anyone who believed that judges always decided cases by law was mistaken.
Sibal also questioned the independence of the forum saying," Jis court mein judge badle jaate hain (where judges are instituted) through a process of compromise, a court where there is no system to determine which case will be presided over by which bench, where the judge of India decides which matter will be dealt with by which bench and when that court can never be independent."
And after the aforementioned said statement by Kapil Sibal thereafter his son Akhil Sibal took to Twitter to support his father’s statement and said," The remedy against a negative perception of the Supreme Court lies in positive action, not in treating loss of religion as a thought crime. Invoking contempt can spread fear, it'll never restore confidence."
Thereafter to the present following, Supreme court advocate Shashank Shekhar Jha wrote a letter to the Attorney General of India K K Venugopal seeking permission to initiate contempt proceedings against Sibal.
Jha's letter stated that Sibal had categorically disrespected the Supreme Court and its judges and undermined the authority of the court, also labelled serious charges against the judge of India and other judges.
Commenting on his remarks, Dr Adish C Aggarwala, Chairman of the All India Bar Association (AIBA) said Sibal is an integral component of the justice-providing system but if he felt a loss of hope within the institution, then he was a liberal to not appear before the courts.
This is contemptuous and coming from someone of the standing of Kapil Sibal who was also President of the Supreme Court Bar Association, it’s unfortunate too. If cases haven’t been decided to the liking of Kapil Sibal, it doesn't suggest that the judicial system has failed," he was quoted as saying by ANI.
BJP leader Amit Malviya also commented, saying, “Kapil Sibal, who it's widely believed presides within an assembly that manages cases within the highest court, questions SC’s latest judgment on Prevention of Money Laundering Act, a law he signed off on as a minister within the United Progressive Alliance party(Congress).
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