He also addressed the state of public discourse, observing that “mob rule” is emerging as politicians exploit certain incidents by promising the death penalty for culprits, despite the fact that only the judiciary holds the authority to issue legal verdicts.
Goa: Justice Abhay Oka of the Supreme Court expressed concerns on Sunday(1st Sept) about the rise of “mob rule,” where politicians exploit certain incidents by promising capital punishment for offenders, emphasizing that only the judiciary has the authority to issue legal verdicts.
READ ALSO: “I Have Suffered As a HC Judge Due to Supreme Court Orders “: Justice Abhay Oka
Speaking at a conference organized by the Bar Council of Maharashtra and Goa in Pune, Justice Oka highlighted the need to preserve the judiciary’s independence and ensure timely, fair judgments. He also noted that the judiciary often faces unwarranted criticism, particularly when bail is granted in certain cases.
Justice Oka stated, “For the judiciary to be respected, its independence must remain intact. The Constitution can only be upheld if lawyers and the judiciary maintain their sensitivity. Lawyers play a crucial role in supporting the judiciary, and if they fail in this duty, democracy itself is at risk.”
He also addressed the state of public discourse, observing that “mob rule” is emerging as politicians exploit certain incidents by promising the death penalty for culprits, despite the fact that only the judiciary holds the authority to issue legal verdicts.
“We are fostering a mob mentality,” he remarked. “When an incident occurs, politicians seize the opportunity. They visit the scene and promise the death penalty for the accused, but the power to decide lies solely with the judiciary.”
Justice Oka’s remarks, though not directed at any specific incident, were made in the context of recent events like the Kolkata rape and murder and the alleged sexual abuse of two girls at a school in Badlapur, Maharashtra, both of which have sparked demands for the harshest penalties for the perpetrators.
He expressed concern that the judiciary faces undue criticism, especially when bail is granted in certain cases, emphasizing that “judges should make decisions according to the law, and these decisions must be transparent.”
On Saturday (31st Aug), Union Minister Ramdas Athawale called for capital punishment for those responsible for the alleged rape and murder of a doctor in Kolkata.
This came shortly after West Bengal CM Mamata Banerjee announced plans to amend existing laws to ensure capital punishment for convicted rapists.
At the same Bar Council event, Supreme Court Justice Prasanna Bhalachandra Varale emphasized the importance of preserving constitutional values through education and awareness.
He interpreted that “success depends on safeguarding our values and hard work,” and that it is not only crucial to understand and read the Constitution, but also to be aware of it. Given the rising incidents of violence against women, he advocated for not only educating girls through the ‘Beti Bachao Beti Padhao’ initiative but also emphasized the need to educate boys to foster respect towards girls and women.
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