Let courts do their job: Bhardwaj

NEW DELHI: Differing with some of his Cabinet colleagues, Law Minister H R Bhardwaj on Sunday came out in support of the judiciary, saying judges are only doing their job and that “adverse” court orders should not be construed as judicial activism.

The minister’s remarks come close on the heels of critical comments from within and outside the government on certain recent verdicts which were perceived as outside the domain of judiciary, especially the recent Supreme Court orders on the issue of sealing in the Capital.

Stressing that power of judicial review is “the very soul of the Constitution,” Bhardwaj said judges are only discharging their duties by reviewing various orders of the government, or laws passed by Parliament.

“An order passed by a court can be adverse also. Where is the overstepping? I don’t subscribe to the view that you gag the courts. Let them do their job,” the Law Minister said in an interview.

“Just as no one can stop Parliament from making a law, because it is its Constitutional function and no one can challenge it, similarly it is the courts’ job to uphold or strike down the law. The power of judicial review is the very soul of Constitution. No one can dilute it. It is only those who suffer as a result of review talk of judicial activism,” he said, brushing aside allegations that courts were overstepping into the domain of other state organs.

When pointed out that heightened media focus received by the high profile cases resulted in re-trial and conviction in some cases, Bhardwaj said media is fully entitled to report what it perceives as miscarriage of justice.

Maintaining that he is not commenting on the cases that are subjudice, Bhardwaj said, “Wrongful acquittals do get media attention. They had shaken the public conscience. Everything cannot be brushed under the carpet.

“However, the attention paid by media should be uniform, not just on the high profile cases.” He also said, “Media could also question the delays made by a court. It is only because such reportage the hearing gets speeded up”.

But, media should exercise restraint in some matters and should not give impression to the accused that the trial is not going to be fair, he said.

Brushing aside the allegations that government was interfering, in handpicking judges during selections and transfers, the Law Minister said, “It is purely the function of a collegium of senior judges to select a judge and assign a bench. We have no role in it. We are not even consulted.”

On the issue of Afzal Guru’s filing curative petition in SC against his death sentence, he said it was natural for a convict in the death row to exhaust all measures to escape the punishment. “All this Opposition campaign is based on the presumption that he will be acquitted. How can we predict such things? Like any other convict, he has right for appeal,” the minister said.