Ex-law minister’s ‘grievance’ makes CJI Gogoi unhappy
NEW DELHI: Chief Justice of India Ranjan Gogoi on Wednesday expressed his unhappiness when former law minister and senior advocate Ashwani Kumar claimed that he was not given an opportunity to argue his public interest litigation (PIL) seeking an effective legislation against custodial torture.
In his PIL, Kumar said that India has been a signatory of the United Nations’ Convention Against Torture since 1997 but has not ratified it so far because ratification required an enabling legislation to reflect the definition and punishment for “torture”.
“Everybody seems to say this that they are not being heard. Let us discharge the board today and hear only this (Kumar’s PIL). We have been on that side (as lawyers) and now on this side (judges). We know the compulsions. We know how many cases are begging for our attention. Please don’t remind us. With the population and the numbers we are dealing [with], the situation is very different,” CJI Gogoi told Kumar.
The bench later asked Kumar to argue the matter at length. “Don’t be in a hurry. Proceed as you may. We are hearing you and nobody else...,” Gogoi said. When Kumar asked if the judge was upset, Justice Gogoi retorted: “We are always angry. Our anger has no meaning. We will hear.” He then went on to say that the bench would not hear any other case on Wednesday or Thursday or even Friday.
“Now that the grievance has been voiced by such a senior lawyer that he has not been heard, we will make up for it,” the CJI said. Kumar advanced his submission and even after he got an opportunity to make his rejoinder submissions at 3.30 pm, the CJI insisted that the former law minister go through all the earlier court judgments he has cited. “When you rely on a case, we can’t read it ourselves,” the CJI remarked.
Attorney general K K Venugopal found the CJI’s observations unusual. “This is not a usual reply. Any number of judgments may have been referred to,” the AG said. As the bench rose at 4 pm, senior advocate Colin Gonsalves, who is assisting the court in the case, was arguing his viewpoint.
The CJI asked him to continue on Thursday. And when a lawyer wanted to mention a capital punishment case for an urgent hearing, an irked CJI said: “The court can only sit till 4. Whatever is not done is not done. Till we reach something [in the case being argued] it has to continue and we do not know for how long this will last”