Judges Can’t Sit in Ivory Towers Blindfolded to Miseries of Citizens: Senior Advocate Dushyant Dave Criticizes SC response to Migrant Crisis

The SC failed to protect the basic rights of the citizen of the country during the COVID-19 lockdown, said Dushyant Dave, Senior Advocate and President of the Supreme Court Bar Association on Saturday. He was concerned about the migrants after SC’s response to the Migrant’s Crisis.

He made certain points:

1. “If the judges had seen their grandchild walking on the road, and suddenly see a car rushing from the other side, would they not have tried to save the child? Every citizen of India is a grandchild of the SC of India”.
2. He further added that “I really do not know what is that prevents judges from acting as per their constitutional oath”.
3. “What is stopping outstanding judges from taking up matters suo moto? They should confront the chief justice’s power. But they are remaining silent”, he said
4. The judiciary instead of reminding the executive of its duties, reminded the people of the country and said that they can be punished for violating the lockdown under the Disaster Management Act.
5. The same judiciary failed in the times of Demonetization and also in times of emergency, he added
6. “This is not an emergency. The Fundamental Rights are not suspended. Yet, the judiciary has suspended the effective enforcement of Fundamental Rights”, he said.
7. At last he said Bar has the duty to remind the judiciary of its roles, when it is failing.
8. “If the judiciary conscience is dead it is the duty of the lawyers to stir up that conscience. When judiciary is not acting properly, we cannot simply watch and do nothing”.
9. Also spoke about the need for restoring the functioning of the courts. The court should also start hearing ordinary cases of individuals.