Courts should not be allowed to falter: former SC judge

Supreme Court former judge Justice Aftab Alam said the Constitution of India remained the same since its adoption but radical changes took place in the way people led their lives and some worrying developments created deep anxiety and fear among various sections. People would look to courts for justice and if they falter in discharging their constitutional obligation, the legal fraternity should ensure that the rule of law prevailed, he observed, calling for a concerted effort to protect Part-III of the Constitution which enshrined the ‘precious fundamental rights’.

Inaugurating the 10th National Conference of Indian Association of Lawyers (IAL) here on Saturday, Justice Alam said the National Register of Citizens (NRC) of Assam became a major controversy as the concerns of the affected sections appeared to be brushed aside while the exercise was said to be flawed due to infrastructure constraints.

Serious implications

He observed that for the first time an element of religion was added to the definition of citizenship, going by the declarations that the exercise was meant to weed out a certain section of society and it did not pose any harm to members of the majority religious group.

The idea of secularism had, therefore, not just been redefined but it was pulled inside out in the form of Citizenship Amendment Act (CAA), 2019. This project would have far-reaching implications due to the ample scope for errors in registering the details of vast populations, which a study said could be up to 5%, he opined.

‘Unhealthy trend’

Justice Alam said the word protest had become ugly as those raising their voices were being branded as anti-nationals and there were instances of Chief Ministers exhorting the police to liquidate the anti-social elements, which amounted to telling them not to follow the law.

The situation came to such a pass that common people were being charged with sedition, the retired apex court judge said, adding that lawyers and people at large should not let the hallowed institution of Indian judiciary crumble. He also observed that people were being introduced to the new virtue of ‘nationalism which demands a malicious enemy’.

A.P. High Court judge Justice A.V. Sesha Sai, A.P. Bar Council chairman Ganta Rama Rao, IAL president – emeritus Jitendra Sharma, president Rajinder Singh Cheema, vice-president Noloufer Bhagwat, IAL State president Muppalla Subba Rao, secretary Chalasani Ajay Kumar and NALSAR former professor Madabhushi Sridhar were among those present.

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