The Honourable Justice Abhay Oka of the Supreme Court of India described the recent trends as ‘Mob Rule’ and how some of the country’s political leaders incite some incidents so that they can promise to get capital punishment for the offenders. Delivering the keynote address at a conference held by the Bar Council of Maharashtra and Goa at Pune, Justice Oka emphasized, only the judiciary can provide legal justice, therefore there is needed to preserve judiciary independence as well as timely and proper justice.
He also noted that the judiciary suffers from undue scrutiny, especially in matters relating to bail granting. Consequently, as Justice Oka rightly pointed out, lawyers and judges must be extra sensitive to uphold the Constitution. He said this emphatically: “If the judiciary is to be respected, its freedom must remain intact.”
Justice Oka’s speech also pointed to cases where some politicians exploit public outrage in the event of a crime incident by reminding the public of the stern measures that will be taken in a crime-related case, including the death penalty as a measure that is solely within the discretions of the judiciary. “We have practiced mob rule in this jurisdiction,” he lamented adding:
“When there is an incident, politicians quickly come out to inform the public that the death penalty will be effected. ”
Though he did not mention any case, his words echoed in the recent sensational Kolkata rape and murder case and the alleged sexual abuse of two girls in Badlapur, Maharashtra, for which there are demands for tough penalties. Justice Oka also said that judges have to rely on logical legal rules even after receiving public pressure.
Further, Union Minister Ramdas Athawale has asked for the death penalty for those involved in the alleged rape and murder of a doctor in Kolkata as the Chief Minister of West Bengal, Mamata Banerjee, said that her government will soon change laws to ensure punishment for rapists more severely.
Also, at the Bar Council event, Justice Prasanna Bhalachandra Varale of the Supreme Court said that the constitution holds the supreme value of the country and it’s the need of the hour to keep educating the people on the constitution that exists in the country. He said that there should be an effort at social level to start a campaign of being sensitive towards women, he said that while programs like ‘Beti Bachao Beti Padhao’ are welcome, there should also be a program to teach boys not to molest women.
