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Lahoti justifies Supreme Court's intervention in Gujarat riot cases

By J. Venkatesan

NEW DELHI, JUNE 2. The new Chief Justice of India, R.C. Lahoti, today justified the Supreme Court's intervention in the Gujarat riot cases, particularly the Best Bakery case [the trial has been shifted to Maharashtra], and said the cases were extraordinary in nature, which called for extraordinary measures.

In an interview to The Hindu on assumption of office, Mr. Justice Lahoti said the Supreme Court had risen to the occasion in dealing with the cases in the discharge of its constitutional obligations and duties.

The intervention had raised the image of the court across the world "going by the letters and response we have received."

Asked about the criticism of judicial activism, he said: "Judicial activism is a misnomer. The judiciary is supposed to be active under the Constitution. The day it is not active, it ceases to be judiciary."

Public interest litigations were like alarm clock. "We only make the legislature or the executive wake up and make them to do what they are supposed to do. The PIL jurisprudence is useful and effective and serves its purpose." But by way of caution, he said: "Courts should not take over the job of the legislature or the executive."

Asked about the recent incident of 25 judges of the Punjab and Haryana High Court going on mass leave, and a reported move to transfer some of them, he denied there was any such move. "No such decision has been taken and not even any thought process ever initiated," he said.

"It is not a serious issue. The Chief Justice and the judges of the High Court are sensible and responsible persons. Only some minor misunderstandings have got enlarged into serious problems but they are all within manageable limits. With the help of my senior colleagues in the Supreme Court and by taking the Chief Justice and all other judges of the Punjab and Haryana High Court into confidence, the congenial atmosphere and smooth working in the High Court will be restored."

`No place for erring judges'

By way of a warning to judges of other High Courts, Mr. Justice Lahoti said: "Any instance of conduct unbecoming of the holder of a judicial office shall not go unnoticed and shall be dealt with a firm hand. There shall be no place for any deviant or erring judge in the judicial system of the country."

Asked about the need for more powers to the CJI to deal with alleged incidents of indiscipline among judges, he said the CJI had the moral authority to deal with such situations.

On whether he would recommend to the Government to enact legislation to deal with such a situation, he said: "At present, there is no need for any such legislation for giving more powers to the CJI. But if such a situation arises requiring such legislation, we shall certainly make such a request to the Government to legislate."

Uniform Civil Code

Asked whether he agreed with the view of the former Chief Justice, V.N. Khare, on the Uniform Civil Code, he said he had no different view than the one expressed in the Directive Principles of the Constitution, asking the state to strive for such a Code. "It is already there in the Constitution. The Supreme Court in its judgments has only reminded the Government about the Directive Principles. There is nothing new in it."

Disposal of arrears

On steps to clear arrears in courts, Mr. Justice Lahoti said: "Cases relating to corruption, criminal cases in which accused are in jail, matrimonial, labour and service disputes, cases of senior citizens and cases which have remained pending in the courts for over a specified number of years calculated from the date of first institution in the lower court" would be given preference in disposal. The judges' strength in the judiciary should be increased in a phased manner as per the recommendations of the Law Commission. A Constitution Bench would sit regularly in the Supreme Court till the cases referred to larger Benches were cleared.

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