Defiance of Supreme Court Must Be Curbed
ALIVE|April 2017

Such incidents erode the authority as well as credibility of the apex court.

Vivek Shukla
Defiance of Supreme Court Must Be Curbed

The imposing Ganesh Bhikaji Deolalika designed Supreme Court building in the heart of Delhi evokes a sense of confidence among common citizen that here is an institution which is fair and impartial beyond any doubt. This is a place where everybody gets fair justice irrespective of his or her caste, class and creed.

Yet, series of events have proved that some people, political parties and states are hell-bent upon diluting the unquestioned authority of the apex court of India. They are brazenly defining the venerable institution.

As recently as couple of days ago, Calcutta High Court's Justice C S Karnan did not appear before a seven-judge constitution bench headed by Chief Justice J S Khehar in defiance of the summons issued by the Supreme Court which has initiated suo motu contempt of court proceedings against him.

This cold shouldering of the highest court's summons by a sitting HC judge made Attorney General Mukul Rohatgi request the bench to frame contempt of court charges in absentia against Justice Karnan. It is a different matter that the bench was disinclined to frame charges without hearing Justice Karnan.

For any ordinary citizen, the Supreme Court might have directed the police to arrest and produce him before the court. But the contemner being a sitting HC judge, the SC decided to give him another chance to abide by the apex court's order and present himself.

Violating SC directions

And this case apart, what is so shocking that even states have been violating the top court’s directions more regular basis. If states violate SC, then one can imagine that all is not well so far as our legal system is concerned.

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