Petition filed to protect the independence of the judiciary
Digital Desk, New Delhi. A PIL was filed in the Supreme Court on Monday seeking immediate direction to protect the independence of the judiciary and prevent judicial orders from becoming intimidating and communal following the controversy arising from the recent judgments of Madras High Court judge GR Swaminathan.
Advocate GS Mani, while filing the petition under Article 32 of the Constitution, said that this petition has been filed not to defend any individual judge, but to protect the institution of the judiciary, ensure the rule of law, prevent communal polarization and enforce constitutional rules uniformly across the country.
Referring to the controversy arising out of Justice Swaminathan's orders related to the Tiruparankundram Deepam case, the petitioner has alleged that widespread public reactions including political statements, protests, lawyers' demonstrations and social media campaigns have crossed the limits of constitutionally acceptable criticism.
According to him, this situation has now entered the realm of defaming the judiciary, giving communal color to judicial functions and interfering in the administration of justice. The petition states that pressure cannot be put on judges regarding their decisions through street demonstrations or online abuses.
It also clarifies that the only remedy recognized in the Constitution against a judicial decision is through appeal, reconsideration or other legal processes. The PIL warns that if such campaigns against sitting judges are allowed, it will have a negative impact on the independence of the judiciary and may discourage judges from discharging their duties fearlessly.
The petition states that presenting any judicial decision as being inspired by religious sentiments weakens people's trust in constitutional courts and promotes justice through mob pressure. This poses an immediate and serious threat to law and order and communal harmony in Tamil Nadu.
(With inputs from news agency IANS)