The challenges faced by citizens due to the COVID-19 and the failure of the government to tackle the same, presented the judiciary with an opportunity to hold the government accountable and win back the respect of the public but it was squandered, senior advocate Dushyant Dave said on Saturday.
During his speech on the ‘Role of Judiciary in Pandemic’ organized by the All India Lawyers Union, the President of the Supreme Court Bar Association said, ‘the courts failed to protect the rights of citizens during the crisis and remained silent as citizens suffered.’
‘COVID-19 pandemic really gave the judiciary a chance to win over the hearts of the people by taking proactive steps in the time of crisis and earn back the respect it once commanded….The judiciary intervenes through public interest litigation in all kinds of matters but when it came to the crunch, it failed,’ Dave said.
Justice Dave’s scathing remarks come after the Supreme Court has repeatedly declined to entertain cases pertaining to the migrant labourers since March when the first petition was filed highlighting the their plight.
In a plea that sought free transportation for migrant workers who wish to return to their native states, the SC said that it cannot pass orders based on media reports. ‘How can we stop people from walking? It is impossible for this court to monitor who is walking and who is not walking,’ the court had remarked.
A separate plea demanding payment of minimum wages to workers amid the lockdown was also dismissed by the top court on April 21.
‘If they are being provided meals, why do they need money for meals,’ Chief Justice of India, SA Bobde asked.
‘Judges cannot sit in an ivory tower and be blindfolded to the miseries of the citizens of India. The Constitution framers wanted the Judiciary to supervise the executive’s actions and inactions,’ Justice Dave said.
He also claimed that some of the outstanding judges chose to remain mum when they could have taken up cases suo motu (on its own) based on news reports. They instead waited for petitions to be filed before them by the Chief Justice of India, he said.
‘What is stopping outstanding judges from taking up matters (relating to Covid-19 issues) suo motu? They should confront the chief justice’s powers of master of roster. But they are remaining silent,’ he stated.
Justice Dave said that many high courts did not pass orders because they knew that their orders will be turned down by the Supreme Court at the request of the government.
‘We lawyers should galvanise the judiciary into action. We have to stir up their conscience. Criticism of the judiciary is not contempt,’ Dave urged lawyers to remind judges of their constitutional duty.
