Justice Hrishikesh Roy, who retired from the Supreme Court, openly admitted that ruling governments have “undoubtedly” used legal machinery to target opposition leaders. He emphasized the need for judicial independence, addressed rising religious cases, and dismissed claims of political pressure on judges. He also spoke on the Kanwar Yatra case and warned leaders that no government stays in power forever. His strong statements on media influence and judiciary’s role in maintaining democracy are now making waves!
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NEW DELHI: Justice Hrishikesh Roy, who retired from the Supreme Court on January 31, openly said that there “undoubtedly” have been cases where the ruling government has used legal means to target opposition leaders.
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In an interview with India Today TV, Justice Hrishikesh Roy talked about how the government in power has been accused of using legal tools against political rivals. He acknowledged that such incidents are increasing in the country.
“No government in a democracy remains in power forever. Therefore, it is in the interest of each government to ensure that the judiciary remains independent and impartial. Today, opposition leaders are moving courts over liberty and prosecution issues, but tomorrow, the ruling party could face similar challenges,”
-Justice Roy said.
He also urged political leaders to understand that a strong and fair judiciary is necessary for democracy. He advised them to avoid actions that could damage the judiciary’s credibility and integrity.
When asked about the judiciary’s role in stopping the misuse of laws, Justice Roy strongly defended the courts and said,
“The courts, whenever the situation demanded, have intervened and passed restraint orders.”
On the question of whether judges face political or government pressure, Justice Roy denied experiencing any such interference.
“No, not at all,”
-he said.
He recalled an incident from his time in Guwahati, where he attended official meetings with political leaders. However, he clarified that there was no pressure on him in legal matters.
“We were all sharing a stage and were all having interactions. I mean those are the times when you are freely talking. There may be so many issues that you might speak about, but at least none of the politicians would come and say that here is this matter which is going on and can you help us with that. There has been no such occasion.”
Justice Hrishikesh Roy, who was a part of the Supreme Court Collegium until his retirement on January 31, has revealed that Chief Justice of India Sanjiv Khanna has initiated an in-house inquiry against Allahabad High Court judge Justice Shekhar Yadav for his controversial comments made during a a Vishwa Hindu Parishad event in December last year.
Kanwar Yatra Case
Justice Roy also discussed a case related to the Kanwar Yatra, where his bench had given a decision about shopkeepers displaying their names.
“The order in question was issued in a very cryptic fashion without actually indicating under what provision of law the order is being issued directing the shopkeepers to display their names, etc. So the legal issue was very clear that these directions were perhaps without any authority of law or at least demonstrated authority of law on the face of it,”
-he explained.
Surge in Religious Cases
When asked about the rising number of legal cases involving religious issues, Justice Roy said that media attention plays a big role in increasing such cases.
“There’s enough media coverage of a case of that kind. So, for the person who is doing it for a purpose, his job gets done just by the fact that he’s filed the case. In politics, even bad news is good news. You have to be in the news, even if it is not positive news. But the courts by and large have been fairly vigilant about these kinds of publicity-oriented cases,”
-he added.
Judicial Independence
Speaking about social media’s impact on judges, Justice Roy admitted that it is a challenge but said that experienced judges know how to handle it.
“Social media is a platform where the most ignorant can also pass a comment, and so can someone who is educated in law. Therefore, if too much importance is given to what is circulating on social media, one is bound to get distracted,”
-he said.
He further explained that with time, judges develop maturity and confidence, allowing them to focus on cases without being influenced by social media.
“But I feel that our judges are mature enough. Of course, somebody who just joined at the entry level may have little difficulties, but as we go along in a judgeship, we become mature enough and confident enough to handle the case on its own merit rather than being influenced by what is circulating on social media,”
-Justice Roy added.
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