Supreme Court Justice Ujjal Bhuyan has come under fire from former judges of the apex court for openly criticising the Election Commission. Former Chief Justice of India B R Gavai on Monday strongly criticised Justice Bhuyan’s remarks, saying that it is against judicial propriety for a sitting judge to make public comments on a matter that is sub-judice in the Supreme Court. Justice Bhuyan’s opinion expressed on a public platform, even as the hearing on the Special Intensive Revision of the electoral rolls is underway in the apex court, has triggered strong reactions.
Speaking to news agency PTI, former CJI Gavai said, “Judicial dignity does not permit commenting in this manner on a matter that is under consideration of the court.” Similarly, former Delhi High Court judges S N Dhingra and R S Sodhi also questioned Justice Bhuyan’s stand.
Justice Dhingra commented that as a sitting judge, he should have thought a thousand times before making such a remark, as he has overstepped his limits without knowing the full facts of the entire matter. Justice R S Sodhi, on the other hand, said that voting rights are dependent on the legal system and making such aggressive public comments while holding a judicial position is not a mature approach.
It may be noted that on Sunday, delivering a speech at the 19th Justice Bodh Raj Sawhney Memorial Moot Court Competition held at NALSAR University of Law, Justice Ujjal Bhuyan had harshly criticised the role of the Election Commission. He had termed any system that deprives lakhs of citizens of their voting rights and makes them second-class citizens as arbitrary and against the principles of the Constitution. He had also commented that no one can do such an act violating Articles 326 and 14 of the Constitution and no court can support it. Following that controversial remark, former top judicial figures of the country have now openly come out against Justice Bhuyan.
