Urgent call for thorough investigation before conclusively stating that only those affiliated with the ruling party are granted bail, asserts Justice AS Oka.
In a speech at the Mumbai Press Club, retired Supreme Court Justice Abhay Oka underscored the crucial roles of the media and the judiciary in shaping societal perspectives, influencing public opinion, and upholding constitutional values.
Justice Oka emphasized that the media, through its power to express what is proper or improper, plays a significant role in shaping societal perspectives and influencing public opinion beyond the legal judgments that courts can make. The judiciary, on the other hand, is limited to deciding what is legal or illegal within the framework of the Constitution.
Both institutions, according to Justice Oka, must remain fearless and independent to uphold constitutional values, protect citizens' fundamental rights, and hold the government accountable. The media can mold public attitudes and hold the government publicly accountable through opinion, while the judiciary enforces legal constraints, protects fundamental rights, and maintains checks and balances.
Justice Oka stressed that media and judiciary must work together in upholding the Constitution, protecting the institutions it creates, and safeguarding freedoms such as free speech and the right to life. Both are pillars of democracy that must remain independent and fearless to effectively check executive power and prevent injustices.
Justice Oka also addressed the question of legal protections in place that prevent the registration of First Information Reports (FIRs) against judges. He stated that the implications of removing such protections need to be carefully considered.
Regarding the criticism faced by former Chief Justices of India who said that the judiciary is not expected to perform the role of opposition parties, Justice Oka stated that these statements were misunderstood. He clarified that judges do not respond to criticism and exercise self-restraint.
Justice Oka also declined to accept the claim that individuals like Umar Khalid and Stan Swamy were denied bail due to their lack of proximity to the ruling party. He believes that a systematic study is required to determine if only people close to the ruling party get bail.
In conclusion, Justice Oka's speech underscores the importance of a fiercely independent media and judiciary in keeping the executive within the bounds. Both institutions must fulfill their duties to protect the Constitution and ensure that the government adheres to the rule of law.
[1] The Indian Express [3] The Hindu
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