Justice T S Thakur, next in line to take charge as
the Chief Justice of India following the retirement of the present CJI, H L
Dattu in December this year, on Sunday said that the judiciary was not “too
ambitious” nor did it want to take over governance but it would be expected to
act in public interest if “there is
complete deficit in governance… when the darkness is all around”.
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| File Picture : Justice T.S. Thakur |
Justice
Thakur made these remarks while delivering a lecture
in New Delhi, which was organised in memory of senior advocate Kapila Hingorani,
whom Justice Thakur described as the “mother of public interest jurisdiction”
in India. It was a Public Interest Litigation by Kapila Hingorani and her
husband N K Hingorani, moved exactly 36 years ago in 1979, that became the
first PIL filed in the Supreme Court. The PIL was filed for the release of 17
inmates from jails in Muzaffarpur and Patna, Bihar. They had been incarcerated
for a period longer than what they had to serve even after conviction. This PIL
led the Supreme Court to issue path-breaking verdicts and expand the scope of
Article 21 (right to life) to include right to speedy trial and also right to
free legal aid.
Speaking on the
topic, ‘Evolving standards for a humane
criminal justice system’, Justice Thakur pointed out that the judiciary has
always been forthright in issuing directives to protect the rights of the
people but the implementation has to be done by those in bureaucracy and
government. “Is it a case of failure of
the judiciary or the government when despite several judgments and orders by
the courts, nothing changes on ground? I would say that judiciary has done its
duty if the law is clear on the point and appropriate directions have been
issued,” he said. Justice Thakur who was critical of the inefficiency and
lack of will by the political executive to act said the judiciary’s commitment
to reforms in the country was unquestionable and it would not look the other
way when citizens knock on its door in hope of justice.
“If
there is a complete failure of the system and there is no hope for the
citizens, if there is complete deficit in the governance, where else should
citizens go? If such is the situation, should the courts show fidelity to
various strict principles when the people are suffering, when most of them
cannot even afford to come to the Supreme Court? When the darkness is all
around, don’t you think we will be asked to take over so many dimensions of
governance?”
On the subject of
Public Interest Litigations he said, “Our
attention towards public interest jurisdiction is not because we want to take
over governance, or because the judiciary is too ambitious and also not because
we have a grudge against people who have the power and authority. It is only
because of the necessity of the situation.”
Referring to the
Ganga clean-up — a PIL that has been pending for more than 15 years — he said
while hearing this case, he realised that Ganga remained as dirty and polluted
as it was when the matter started despite the court issuing several directions.
He said the executive’s will had been lacking and those who were supposed to
act must now be made responsible for their actions.
Justice Thakur said
that those in administration and governance, who were duty-bound to act to
correct wrongs and improve the state of affairs, must be made to act since all
stakeholders will require to work in tandem to bring about positive changes in
society.
