Senior Advocate Dushyant Dave
In a scathing critique of the Indian judicial system, Senior Advocate Dushyant Dave lambasted both the High Courts and the Supreme Court of India, branding them as a ‘majoritarian judiciary.’ Speaking candidly in an interview with Live Law, Dave didn’t hold back, accusing the judges of becoming ‘blind’ to critical issues plaguing the nation.
One of the central issues Dave highlighted was the rampant bulldozer culture prevalent in several BJP-run state governments. This culture, often employed under the guise of removing structures built on encroached land, particularly affects buildings belonging to the Muslim community. Dave questioned the silence of the judiciary in the face of such actions, stating, “When the police uses bulldozers to demolish homes, shops, and businesses, are they blind? The Judiciary remains silent.”
He criticized what he saw as hypocrisy within the courts, emphasizing the need for the judiciary to assert itself and ensure the rule of law prevails regardless of religion, status, or caste. Dave warned that by failing to do so, the judiciary is gradually surrendering its authority to the executive, emboldening it to take the law into its own hands.
Comparing the present state of the Indian judiciary to its stance during the British colonial era, Dave remarked that even then, it was stronger than it is today. He lamented the judiciary’s reluctance to confront gross violations of human rights and attacks on civil liberties and constitutional institutions.
Dave cited examples from neighboring countries where supreme courts had shown resilience in challenging situations. He mentioned instances from Pakistan, Kenya, and England, where judicial bodies stood firm against executive overreach or electoral malpractice.
Regarding India’s secularism, Dave expressed deep concern, particularly in light of recent Supreme Court verdicts related to religious matters. He criticized the handling of the Ram Mandir-Babri Masjid dispute, suggesting that it undermined the country’s secular fabric. Dave lamented the erosion of India’s secular identity, emphasizing the need to uphold the principles enshrined in the constitution.
In conclusion, Dave urged the judiciary to reclaim its independence and uphold the principles of justice and secularism. His outspoken criticism serves as a reminder of the challenges facing India’s democratic institutions and the imperative for judicial accountability in safeguarding fundamental rights and freedoms.
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