Friday, September 16, 2011

Justice PN Bhagwati's Injustice

What prompts a man to apologize for his contribution to the darkest phase of the Indian Supreme Court in 1975, by agreeing with the majority of judges in the ADM Jabalpur case? Guilt, or is it the fact that there nothing more left to lose and everything to gain from such an apology, almost four decades after the decision, and after he enjoyed the fruits of becoming the Chief Justice of India.
The apology should have come much earlier and should have been more sincere in any case. Its sad that when India needed someone to safeguard her constitution and her honour, the few so called honourable men sitting in judgement in the habeas corpus case dishonourably failed her and her constitution. But I guess, judges are after all human beings and driven by human emotions of ambition, fear and lust for power, among other things.
In any case, Justice Bhagwati's apology must not be accepted by this nation and he must  remember that howsoever honourable his conduct and contribution might have been as a CJI, his action as a puisne judge in supporting the majority judgement in the Habeas Corpus case can neither be forgotten nor washed away by an insincere apology.

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