The senior attorney apologised for disparaging the Court, where he has spent the last 50 years practising law, but said that the time has come to say it.

According to senior attorney and MP Kapil Sibal, the Supreme Court is no longer a viable option because its rulings have no practical application.

The senior attorney apologised for disparaging the Court, where he has spent the last 50 years practising law, but said that the time has come to say it.

“You are seriously mistaken if you believe the Supreme Court will provide you relief. After 50 years of experience, I am saying this “Added he.

The senior attorney discussed the judicial rollback of civil liberties at the People’s Tribunal convened at the Constitution Club of India in New Delhi.

After 50 years of practise at the top court, he claimed that he had no expectations for it as an institution.

“I have been on the Supreme Court for 50 years, and I have no expectations of this organisation. You talk about making important decisions, but you need to look at the actual situation. The Court declares one thing, but another occurs in reality. You claimed that the Supreme Court has rendered sound, progressive rulings; nevertheless, what actually transpired following those rulings?”

No institution could be independent in a nation with a mai-baap (nanny state) ethos, he said. He emphasised that we must stand up and declare our desire for independence once more if we are to achieve it.

The reality of Hindustan is that we are not independent now.

He emphasised that despite the fact that everyone talks about the progressive judgements of the top court, they are not actually being followed.

“You’ve made a decision regarding privacy, but where is privacy when an ED officer visits your home? Implementing something is different than writing about it on paper.”

In the course of his speech, Sibal also emphasised how the Enforcement Directorate, which had “passed all borders of individual liberty,” was the most dangerous institution in this nation.

He stated that unless society’s thinking changes, neither the law nor society will change in this regard. He emphasised that changing the public perspective is necessary for any institution of this country to become independent.

You must go to the streets, he said.

Sibal claimed that the reality of the Supreme Court was that all delicate cases were assigned to specific judges, whose decisions were known in advance.

“Such a court can never be independent because judges are forced to participate in a compromise process; there is no system; CJI decides who and when will hear a case; there is no procedure. You tell me, is it possible?”

He added that anyone who thought judges always reached legal conclusions in instances was incorrect.

“The reality is that there are far too many issues outside of the courtroom. They are all people, and we are people, so we are susceptible to influence. When the entire system is compromised, it also affects those who make decisions in court.”

He asserted that a completely different approach was required to deal with this problem and that analysing Supreme Court decisions was useless in the absence of their implementation.

“To the police officer and administrator who put it into practise, it means nothing. Just take a peek at what’s going on as we discuss Section 377! Are they receiving any better care? No! Are women treated any better in this country? No!”

Sibal continued to criticise the rulings of the supreme court by using cases like the Dharam Sansad hate speech case as illustrations.

“Such lectures as those of Dharam Sansad, etc., make you wonder what kind of society we are living in. What did the Supreme Court do when we presented these cases to it? taken some action? Has anyone been detained? If so, they received bail in a day or two “explained he.

He continued,

“People who have been accused have faith in the legal system, thinking that he may be granted bail. But in actuality, he won’t! When a bail clause requires you to convince the judge that you are innocent… How can I go about doing that? The Supreme Court has maintained this law. How can you trust a Supreme Court like that?”



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