Former CJI DY Chandrachud's reply to Sanjay Raut, said- CJI, not the leader, will decide which case should be heard by the Supreme Court.
After defeating Maha Vikas Aghadi (MVA) in Maharashtra Assembly elections, Shiv Sena (UBT) leader Sanjay Raut on Tuesday categorically refuted the allegations made by former Chief Justice DY Chandrachud. Raut said Chandrachud took a wrong decision on the disqualification cases of MLAs, which led to the fall of the MVA government and his party's defeat in the elections. In an interview, the former Chief Justice said that during his tenure, the Supreme Court had a 9 bench division bench and a 7 bench bench gave decisions in important constitutional matters. He said, sorry, only the Chief Justice has the right to decide the Supreme Court.
Shiv Sena (UBT) MP Sanjay Raut tried to defame the former Chief Justice after the Maharashtra Assembly elections. He said that by removing the fear of law, Justice Chandrachud opened the way for defection and by not deciding on the petitions on disqualification of MLAs, Justice Chandrachud removed the fear of law. He gave a controversial statement saying that his name will be written in black ink and history will never forgive him.
Rejecting these allegations, Chandrachud said, “Many important cases have been waiting in the Supreme Court for 20 years. Should we focus on recent cases instead of listening to those old cases? The priorities of the Supreme Court are on constitutional issues which are important for the society.”
Former CJI Chandrachud said that it is wrong to expect that the court will run according to political agendas. Speaking on Sanjay Raut's allegations, DY Chandrachud said that it is wrong to expect the court to conform to political agendas. He said, “We took the decision on electoral bonds. Was that less important?” Chandrachud also included important decisions on other important matters, such as the constitutional validity of Section 6A of the Citizenship Amendment Act, disability rights, federal structure and livelihoods.
Responding to allegations of political interference, Chandrachud said, “People should not infer that the judiciary will play the role of opposition in Parliament or state assemblies. Our job is to review the laws.” He termed meeting the leaders as mere social courtesy, which conflicts with the independence of the judiciary.
The former CJI said, “Some people with huge resources come to the court and try to pressurize that their case be heard first. We have to avoid such pressures,”
Chandrachud also said that the Supreme Court's decisions were given without any external pressure in cases like Article 370, Sabarimala and Ayodhya, adding, “If there was any pressure then why would the Supreme Court take so much time to decide on those cases? “
However, Dawei Chandrachud also acknowledged the need to reform the judiciary, advocating improvements in infrastructure and filling vacancies in district courts. He also said that the Supreme Court aims to give priority to cases related to deprived sections, as during his tenure more than 21,000 bail applications were resolved.
The case of disqualification of Shiv Sena MLAs reached the Supreme Court in 2022, in which the Shinde faction had also filed a counter petition. The court handed over the verdict to Assembly Speaker Rahul Narvekar, who declared the Shinde faction the “real” Shiv Sena, after which important constitutional cases have been pending in the Supreme Court for 20 years, hence the Chief Justice was told to choose the old case for hearing. It is understood that a particularly urgent matter is being left out because the Supreme Court has very little manpower and judges with whom a balance has to be struck.
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