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Justice AP Shah to deliver Fourth LC Jain Memorial Lecture on the Topic "Fighting For Freedom: Supreme Court in the 21st Century
Romila Thapar- had Jain been around, he would have been approving of the protests, especially the involvement of women. Underlines the ethics of what is happening today
Justice AP Shah is speaking now
Justice AP Shah: What Jain said in his book is relevant even now. State and society had different spheres. Freedom was secured, so Nehru and others were building the State while others like Jain were building society
Justice A P Shah : In the 1970s emergency came as a shock, and we cannot take freedom for granted
Justice A P Shah : Most democratic leaders take down democracy. Elected autocrats take down the institution itself. Democracy is used to kill democracy. Take the example of RBI and ECI
Justice A P Shah : The govt has taken up the mantle of deciding who has the right to be protected and who does not
Justice A P Shah : Hate speech has become a norm.
Anyone who opposes or disagrees with ruling dispensation is marked anti national.
Justice A P Shah : Serious issues regarding Federalism are raising these days. Jingoistic idea of nationalism based on religion is disturbing.

Amidst this, anti CAA protests is heartening.
Justice A P Shah : This (anti-CAA protest) shows young India believes in values embodied in constitution
Justice A P Shah : We are marking 70 yrs of coming in of Constitution, as we are marking 70 yrs of the SC.
Justice A P Shah : SC is the ultimate interpreter of Constitution and it is up to SC to uphold constitution.
Unfortunately initial approach of SC towards this was a conservative one.
Justice A P Shah : SC approached fundamental rights in distinction. ADM Jabalpur decision came about and a then there came about a new era
Justice Shah talks about privacy judgment, Navtej Johar case etc to show the transformation in the understanding of constitution by SC.
On #Sabarimala judgment.
Justice Shah : There was no doubt that the judgment should have been implemented.
Justice Shah on #Sabarimala
'In review petitions, a "curious" order was passed, where a larger bench was to consider all those issues while the actual cases were to be kept pending'
Justice Shah says that #Sabarimala reference order of the #SupremeCourt is against Article 137, as no errors were pointed out in the original judgment.
Justice Shah on #Sabarimala reference:
Must be the first time that something of this nature happened in review.
Justice Shah on #Sabarimala reference.

"The other matters (relating to Muslim women entry in mosque, FGM, Parsi women rights etc) were not even before the court when they referred"
Justice Shah :
"The court even refused to grant relief to the two women who sought implementation of the judgment, but SC said they did not want an explosive situation"
Justice Shah now talks about #Ayodhya.

"He says its unusual that the name of the judge who wrote the judgment was missing.
The addednum was also anonymous".
Justice Shah on #Ayodhya.

"The key issue in the case was of equity.
Despite acknowledging the illegality of demolition, the Court effectively rewarded them.
This goes against the principle that you must come to court with clean hands"
#SupremeCourt
Justice Shah on #Ayodhya

"Though SC was not satisfied that allahabad HC decision was not feasible regarding peace and tranquility, whether SC did justice is questionable"
Justice Shah on #Ayodhya

"When it went to mediation, suggestion was give up claim to land and in return Hindu parties will assure that they will not rake up other related religious issues.
I was told that Hindus would not give any such assurance"
Now Justice Shah questions the giving of 5 acres. Given the nature of mental scar faced by the muslims due to demolition, the state could have been asked to rebuild a mosque.
#Ayodhya
Justice Shah on #KashmirLockdown case.

"Court missed an opportunity to come out strong."
Justice Shah on #KashmirLockdown
"It's been 6 months.
In all cases, the court has failed to give a satisfactory response"
Justice Shah on #KashmirLockdown case : SC did not have all orders on record. They had been given sample orders. Could have simply asked for all other orders to be placed before it
Justice Shah on #KashmirLockdown case : Court expressed anguish, but did not order govt to place all orders before it
Justice Shah on #KashmirLockdown case :
"SC directed publishing of future orders. Judicial review involves more than mere declaration of law. It involves facts. And facts here are that even today people are without internet"

#SupremeCourt
Justice Shah on #KashmirLockdown :
#Kashmir continues to face the longest recorded intentional lockdown in a democracy.
#SupremeCourt
Justice Shah on #KashmirLockdown :
#SupremeCourt asked doctor who sought internet access for healthcare facilities to go to HC. Unfortunately, judicial evasion continues in all these cases
Justice Shah on Yechury's @SitaramYechury plea to visit Tarigami-
"SC took opportunity to impose conditions and said that the issue of someone's liberty being curbed was not urgent"

#Kashmir
#SupremeCourt
@SitaramYechury Justice Shah :
"SC's approach is more executive like than the executive itself"

#Kashmir
#SupremeCourt
@SitaramYechury Justice Shah :

"As the Court turns 70, question is-
Is the sentinal sufficiently alert?

The role of SC as Counter majoritarian institution is diminishing."

#SupremeCourt
@SitaramYechury Justice Shah on #NRC

"This places burden on citizen to prove his Citizenship, a right which is mother of all rights"
@SitaramYechury Justice Shah on #NRC

"Migration theory has been proved to be incorrect. Out of 1.9 million excluded from #AssamNRC, majority are Hindu, several are Tribals and only 6 lakh Muslims."
@SitaramYechury Justice Shah : Since SC was monitoring #NRC process, its doors were closed for grievances.

#SupremeCourt
@SitaramYechury Justice Shah : Foreigners tribunal needed authorities to declare an x amount of people as Foreigners. If they did not declare a certain amount of people as so, they would be thrown out
@SitaramYechury Justice Shah, refering to Legacy of previous CJI, Gogoi.

"Travesty of the worst order is the new found fascination of sealed cover"

#SupremeCourt
@SitaramYechury Justice Shah referring to Rafale, CBI-Alok Verma, PM biopic cases were sealed covers were used.

#SupremeCourt
@SitaramYechury Justice Shah now on #ElectoralBonds -
Over 6000cr received by bonds and majority of it has gone to BJP.
Inaction of SC in this disappointing.

#SupremeCourt
@SitaramYechury Justice Shah -

It is disappointing that SC has said that it will hear CAA petitions after violence stops

Fundamental Rights cannot be made conditional on good behaviour.

#SupremeCourt
@SitaramYechury Justice Shah says despite criticisms of #SupremeCourt , there is a high degree of "Constitutional Faith" today.

#SupremeCourt
@SitaramYechury Justice Shah : We believe that Courts can be the saviour of Constitution.
@SitaramYechury Justice Shah : Instead of pointing outward, SC should look into whether the court itself is loyal to the Constitution

As an eternal optimist, I hope SC will undertake a course correction.

Ends his speech

#SupremeCourt
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