Urgent call for comprehensive investigation: Justice AS Oka questions whether only those associated with the ruling party consistently secure bail.
Retired Supreme Court Justice Abhay Oka Stresses the Importance of a Vigilant Judiciary and Free Press
In a speech at an event titled "Holding the Government to Account: The Role of Independent Judiciary and Free Press," retired Supreme Court Justice Abhay Oka emphasized the crucial roles that both the judiciary and the press play in upholding the Constitution.
Justice Oka stated that the judiciary's role is to determine what is legal or illegal strictly within the bounds of constitutional law, without passing judgment on the propriety or morality of expressions or opinions. Conversely, the press holds the power to influence and mold public opinion by expressing what is proper or improper in societal terms, thus playing a crucial role in shaping public discourse and holding institutions accountable.
He stressed that without both the judiciary and the press respecting and upholding the Constitution and its Preamble, the fundamental rights and assurances it guarantees would become meaningless. Therefore, their common duty is to protect the constitutional framework and the institutions it creates.
Justice Oka also highlighted the importance of a fiercely independent judiciary and free media to keep the executive in check. He emphasized that courts are not the opposition but function within constitutional limits to ensure the government’s actions conform to law. The press, through its influence on public opinion, complements this check by addressing issues of propriety beyond formal legality.
Furthermore, he acknowledged that fundamental rights are always under threat in various forms, regardless of the presence or absence of an emergency, making the vigilant roles of both judiciary and press ever more critical.
In sum, Justice Oka’s viewpoint can be seen as a balanced recognition that the judiciary safeguards constitutional legality and fundamental rights through judicial review and interpretation, while the press safeguards democratic values by critiquing, shaping public opinion, and exposing instances of impropriety or rights violations. Their synergistic vigilance is essential to protect citizens' rights and maintain the constitutional order.
Justice Oka did not comment on the claim that individuals like Umar Khalid and Stan Swamy were denied bail due to their lack of proximity to the ruling party. He also did not comment on the recent recovery of burnt currency notes from the premises of Allahabad High Court Justice Yashwant Varma, as he was part of the consultative process led by the Chief Justice of India in connection with the matter.
Justice Oka underscored the importance of the press being vigilant, especially in protecting fundamental rights and preventing injustice. He admitted that both the media and the judiciary are not currently performing their duties independently. However, he emphasized that the importance of a fiercely independent media and judiciary in keeping the executive within its bounds cannot be overstated.
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