Primacy Be Given To Situation To Balance Individual, Nation: Arun Shourie

Primacy Be Given To Situation To Balance Individual, Nation: Arun Shourie 2/15/2009 Noted Journalist and Economist Arun Shourie asserted that when balancing an individual’s liberty and national security, primacy should be given to the situation prevailing in the country. Addressing the fourth Justice P D Desai Memorial Lecture on ‘Individual Liberty and National Security’, he said the Indian Constitution has balanced our rights and liberties subject to reasonable restriction. He emphasised that issue of liberty of those who are out to break India or overturn our constitutional system by violence should be separated as a class as compared to liberty of members of security forces and of ordinary citizens of the country. Those who abet the terrorists are also in the same bracket of the first category. While dealing with the need for amendment by way of legislation, Mr Shourie suggested that the rights guaranteed under Articles 19(1), 21, 22 and 32 should not be available to anyone who takes to the gun and anyone who des not belong to this country. He said every time the insurrections erupt, all sorts of ‘Human Rights’ organisations unleash propaganda which serves the cause of the terrorists and those behind them. The so-called reports of these organisations should be subjected to minutest scrutiny, their fabrication nailed and made known to public. In his opinion failure to do so undermines national security and eventually tells upon the liberty of law abiding citizens. In his submission, Mr Shourie said there were lessons for the Courts also to learn in the prevailing circumstances. Courts should show courage when it is needed and they must stand up for liberty when it is assaulted for collateral purposes by rulers. They should stand firmly by all the steps that are required for the country’s security when it is in jeopardy. Similarly, the lawyers should also rise above legalisms. They must be, as Gandhiji counselled, the Judges of the first resort. In his opinion if the very best lawyers are going to think it as their duty to defend every terrorist, how liberty of an average citizen can be saved, he asked. UNI

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