Friday, October 11, 2024
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Judiciary, propriety

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The lightning speed with which the Lok Sabha disengaged Rahul Gandhi after the Surat court verdict in March last was a shocker. Now, after the Supreme Court stayed the lower court order and the Congress leader won the judicial nod to remain as MP, it seemed a sense of paralysis has gripped the legislative authority. The SC order came on Friday. Congress leader in Lok Sabha, Adhir Ranjan Chowdhury moved from pillar to post on Saturday with the apex court order, seeking reinstatement of the MP. It was understandable that the Lok Sabha secretariat or Speaker wanted to first get the court order in hand. But they opted to delay the whole process. Be that as it may, they cannot unduly delay the follow-up action. Nor are they equipped to stall Rahul Gandhi’s return to Parliament with the full authority of a member. The apex court order was clear.
While the apex court has stayed the Surat court order, arguments for and against Rahul Gandhi’s appeal against the lower court order would take place now. A final decision would follow in a matter of weeks. This is not time yet to pronounce the last word on the senior leader’s saga. Significantly, the apex court has given sufficient hints, prima facie, that there was an overdose of judicial response. It found no reason why the maximum sentence was given to the appellant by the trial court. The apex court also noted, significantly, that the ramifications of this conviction were wide and had the potential to affect the right of the electorates (of Wayanad) who elected him to Parliament as their representative in 2019.
It was clear as sunlight that the Surat court judge opted to give the “maximum” punishment to the Congress MP. Herein lies the crux of the matter. This will have wider implications also in relation to the sense of wisdom on the part of a judicial officer as to how far he should or should not go, and more so in such a sensitive subject. Sitting on an exalted seat of a judicial officer or judge is no child’s play. A sense of maturity is supposedly inbuilt in a judge’s thoughts and action. It’s premature now to conclude as to whether the Surat court has erred in its judgment or whether there were valid reasons for it to pass such an order. But, feelings of impropriety strengthened in view of the apex court observations while granting a stay to the lower court order. The whole issue of judicial propriety has, meanwhile, taken centre-stage.

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