Congress is been accused of being dominant over Judiciary since it's inception. The question has always been in the debate that is Judiciary dancing on Congress's finger since its inception? Well! instead of baseless accusation, let's talk about facts. So, here are the four notable incidents that prove the Congress dominance in Judiciary.
Congress is been accused of being dominant over Judiciary since it's Inception. The question has always been in the debate that is Judiciary dancing on Congress's finger since its inception? Well! instead of baseless accusation, let's talk about facts. So, here are the four notable incidents that prove the Congress dominance in Judiciary.
1. 1973. Indira Gandhi appoints Justice AN Ray as CJI superceding three senior judges of the Supreme Court. Justices JM Shelat, KS Hegde and AN Grover resign in protest. And the Congress gives a statement in the parliament " It's a duty of the Govt to appoint as CJI one who is close to our philosophy and point of view". And today they talk of judicial independence!!!!!!!!
2. 1975. Justice Jagmohan Sinha was to deliver the Judgement in the Rajnarayan Vs Indira Gandhi electoral malpractice case. He gets a call " If you indict Indira Gandhi- tell your wife not to fast this Karva Chauth." To which Justice Sinha calmly replied, " fortunately my wife expired just two months back".
And he went on to deliver the historic judgment that became a leading light for those seeking judicial independence and the harbinger of the biggest abrogation and insult to the constitution by the Congress, the declaration of Emergency; at his peril of course!
3. 1976. Justice AN Ray pays back partially the favours done in appointing him as CJI in the case Shivkant Shukla Vs ADM Jabalpur. The bench headed by him declares the abrogation of fundamental rights during Emergency as just and rightful by a majority decision. The only dissenting judge was Justice HR Khanna, who told his colleagues on the bench " Can you look yourself in the eye?"
The bench comprised of Justices AN Ray, HR Khanna, MH Beg, YV Chandrachud, and PN Bhagwati.
All except Justice HR Khanna became CJI subsequently. Justice Khanna was punished by Indira Gandhi and Congress for his dissent and upholding of the fundamental rights granted by the constitution, by superceding him and making Justice MH Beg the CJI!!
Justice MH Beg on retirement was made a director of the NATIONAL HERALD, a newspaper wholly owned by the Congress party, and regarding the fraudulent acquisition of its property, both the present and past president of the Congress party are out on bail from the court.
And Justice Beg accepted the appointment! So much for the 'independence of judiciary' that RAGA and his coterie are spewing slogans about!
This doesn't end here. In 1980 when Indira Gandhi came back to power Justice MH Beg was made Chairman of the minorities commission. A chair that he warned till 1988 and was awarded by 'Padma Vibhushan' by Rajiv Gandhi for services rendered.
4. 1962. Even more intriguing is the case of Justice Bahrul Islam!
Mr Islam was a Congress MP of the Rajya Sabha in 1962. He tried his hand at popular politics and fought, on Congress ticket, the Lok Sabha Elections. And lost.
He again was made a Rajya Sabha MP in 1968. On Congress benches of course. He resigned from the Rajya Sabha in 1972 and was appointed lo! and behold, a judge of the Guwahati High Court.
He retired from there in 1980, probably honourably.
But after Indira Gandhi came back to power in 1980, Mr Bahrul Islam was again elevated to Justice Bahrul Islam, this time of the Supreme Court!!!! Nine months after his retirement from the Guwahati High Court!!!
Indira Gandhi desperately needed to control benches as there were a number of cases running in the Supreme Court regarding atrocities during Emergency. He proved very useful in saving the skins of Congress people.
Justice Islam resigned about a month and a half before his superannuation from the Supreme Court and contested for Lok Sabha from Barpeta in Assam. As the elections could not be held, he was once again made Rajya Sabha MP by Congress.
So much for the cause of judicial probity and independence and constitutional propriety that the Congress purports to be espousing today!