SC tries to answer critique of being pro government

The Supreme Court on Thursday vehemently made an attempt to answer critique that all the judges were pro-government. It said somebody has to sit through the day in courtrooms to understand how the government is hauled up every day in a number of cases.

The apex court recently faced strong criticism over then Karnataka High Court judge Justice Jayant Patel's transfer to Allahabad High Court. The senior-most judge in the High Court had resigned apparently in protest. His transfer just before his elevation was seen as a move to prevent him taking over as chief justice of the Karnataka High Court.

Former SC Bar Association president Dushyant Dave minced no words to slam the apex court's Collegium. The Gujarat HC Advocates Association president Asim Pandya also wrote an open letter in this regard.

On Thursday, the apex court's bench presided over by Chief Justice Dipak  Misra was hearing a plea against adverse remarks made by former Uttar Pradesh Azam Khan in Bulandshahr gang rape case.

The court sent the matter to Constitution bench to adjudicate upon the questions if political executives can make such remarks in the exercise of their freedom of speech and expression even when the matter is pending for investigation or for consideration before the court.

During the hearing, senior advocates Harish Salve and F S Nariman, acting as amicus curiae, cited "abusive" comments made on social media. Salve said he had to delete his Twitter account after facing abuses. Nariman said he was happy to be away from social media. "I have many things to do than to know what somebody said about me," he said. However, Nariman did not fail to point out, "Even highest dignitaries are doing it."

The bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, then pointed out how lawyers faced abusive comments on social media for their stand and arguments in pending matters before the court.

Justice Chandrachud referred to some comments against Nariman on social media for his arguments in the matter relating to Rohangiya immigrants.

The bench then referred to comments about Bar Association functionaries about the SC having been "besetted by pro-government lawyers".