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Rediff.com  » News » Politicians' promise of death penalty fuels mob rule: SC judge

Politicians' promise of death penalty fuels mob rule: SC judge

Source: PTI   -  Edited By: Senjo M R
September 01, 2024 20:01 IST
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Justice Abhay Oka of the Supreme Court on Sunday said "mob rule" is being created as politicians capitalise on certain incidents and assure capital punishment for culprits, stressing that only the judiciary can pass legal verdicts.

IMAGE: Junior doctors and medical students hold placards as they stage a protest demanding justice for the alleged sexual assault and murder of a female postgraduate trainee doctor of Kolkata RG Kar Medical College, in Prayagraj, Uttar Pradesh, August 12, 2024. Image used for representational purpose only. Photograph: ANI Photo

Addressing a conference organised by the Bar Council of Maharashtra and Goa in Pune, Justice Oka underscored the importance of maintaining the judiciary's independence and delivering swift, just decisions.

 

He also said the judiciary is "bombarded with criticism" for no reason in certain cases over granting bail.

Justice Oka underlined the critical role of sensitivity among lawyers and the judiciary in ensuring adherence to the Constitution.

"If the judiciary is to be respected, its freedom must remain intact. The Constitution will be followed only if the lawyers and judiciary remain sensitive. Lawyers play a major role in maintaining the judiciary, and they must fulfil this responsibility; otherwise, democracy will not survive," Justice Oka said.

He further commented on the current state of public discourse, saying a "mob rule" is being created wherein politicians capitalise on certain incidents and assure people of the death penalty for culprits even though only the judiciary has the power to pass legal verdicts.

"We have created a mob rule. When an incident happens, political people capitalise on it. Political leaders visit that particular place and assure people that the death penalty will be given to the accused, but the decision power rests with the judiciary," he said.

Though Justice Oka didn't name any particular incident, his remarks came against the backdrop of the Kolkata rape and murder incident and the alleged sexual abuse of two girls at a school in Badlapur in Maharashtra, which triggered demands for the strictest punishment for culprits.

Justice Oka further said the judiciary is "bombarded with criticism" for no reason when bail is granted in certain cases. "Judges should give the decision as per the law which should be transparent".

Notably, Union Minister Ramdas Athawale on Saturday demanded capital punishment for those involved in the alleged rape and murder of a doctor in Kolkata, days after West Bengal CM Mamata Banerjee promised an amendment to existing laws to ensure capital punishment to convicted rapists.

Meanwhile, Supreme Court judge Justice Prasanna Bhalachandra Varale, also present at the Bar Council event, highlighted the need for preserving constitutional values through education and awareness.

"Preserving our values and hard work is the key to success. It is not only important to know or read our Constitution but we should be aware of it.

Considering the attacks on women, not only 'Beti Bachao Beti Padhao' is needed, but 'Beta Padhao' is also important now," Justice Varale said, suggesting the need for sensitising boys towards girls and women.

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Source: PTI  -  Edited By: Senjo M R© Copyright 2024 PTI. All rights reserved. Republication or redistribution of PTI content, including by framing or similar means, is expressly prohibited without the prior written consent.