Mathews J Nedumpara
26th July 2023
The Supreme Court has done great disservice to the nation by allowing Ashwani Upadhyay, Prashant Bhushan and their ilk to file so called PILs on issues which are not justiciable at all for publicity. The judges permitted the forum of the Supreme court to be abused because PILs allowed them to usurp matters falling in the exclusive province of the executive and legislature and rule the country, particularly on populist issues which make such abuse difficult to be criticized.
I whole heartedly welcome people taking up the cases of poor people for the enforcement of their rights probono, which is entirely different from PIL which is litigation on issues where the public at large has a say and which the court has no jurisdiction to decide upon. In adjudicating upon such public issues the court decides behind the back of the people, which is most unjust and against the principles of natural justice. PIL is antithetical to the principles of natural justice.
Non listing of WP nos.1005 of 2022 and 320 of 2023 which my humble self and others have filed seeking the abolition of the collegium and the senior designation system, two systems which we consider most pernicious and which stand as a bottleneck in the reformation of our justice delivery systemSeptember 29, 2023
- September 29, 2023