MUMBAI: “The credibility of the Supreme Court of India is sky- high”, said Bombay high court and observed, “It cannot be eroded or impinged by the statements of individuals.
The HC said this in its reasoned February 9 order, released on Tuesday, of dismissal of a Public Interest Litigation (PIL) seeking disqualification of the Vice President of India Jagdeep Dhankar and the union law Minister Kiren Rijiju for allegedly showing lack of faith in the Constitution through their public utterances.
“The Constitution of India is supreme and sacrosanct,” said the HC bench of Acting Chief Justice S V Gangapurwala and Justice Sandeep Marne in the seven-page order authored by the Acting CJ. He said, “ Every citizen of India is bound by the Constitution and is expected to abide by the constitutional values. The constitutional institutions are to be respected by all, including constitutional authorities and persons holding constitutional posts.”
The PIL through a lawyers’ body, Bombay Lawyers Association through its president advocate Ahmad Abdi had sought invocation of the extraordinary powers of the HC under Article 226 for removal of the VP and the law minister for also not showing respect to the SC and attacking the Collegium system as well as the basic structure doctrine of the Constitution.
The HC order said “the constitutional authorities cannot be removed in the manner as suggested by the Petitioner. Fair criticism of the judgment is permissible. It is no doubt, fundamental duty of every citizen to abide by the Constitution. Majesty of law has to be respected.”
The HC noted that the Centre, VP, Rijiju and the Secretary General, Rajya Sabha, Additional Solicitor General Anil Singh appeared and had submitted that present PIL is filed for publicity purpose. The ASG had also said, “ It is false and frivolous,” adding that the VP and Minister “have complete faith in the Constitution’’ and that VP also said that he has highest respect for the judiciary and committed to the Constitution of India.’’ Singh said the government never undermined the judiciary and its independence and its independence will always remain untouched and they respect ideals of the Constitution, noted the order.
The HC also said, “The PIL can be used for redressal of a genuine public wrong or public injury and it cannot be publicity oriented”.
The HC said this in its reasoned February 9 order, released on Tuesday, of dismissal of a Public Interest Litigation (PIL) seeking disqualification of the Vice President of India Jagdeep Dhankar and the union law Minister Kiren Rijiju for allegedly showing lack of faith in the Constitution through their public utterances.
“The Constitution of India is supreme and sacrosanct,” said the HC bench of Acting Chief Justice S V Gangapurwala and Justice Sandeep Marne in the seven-page order authored by the Acting CJ. He said, “ Every citizen of India is bound by the Constitution and is expected to abide by the constitutional values. The constitutional institutions are to be respected by all, including constitutional authorities and persons holding constitutional posts.”
The PIL through a lawyers’ body, Bombay Lawyers Association through its president advocate Ahmad Abdi had sought invocation of the extraordinary powers of the HC under Article 226 for removal of the VP and the law minister for also not showing respect to the SC and attacking the Collegium system as well as the basic structure doctrine of the Constitution.
The HC order said “the constitutional authorities cannot be removed in the manner as suggested by the Petitioner. Fair criticism of the judgment is permissible. It is no doubt, fundamental duty of every citizen to abide by the Constitution. Majesty of law has to be respected.”
The HC noted that the Centre, VP, Rijiju and the Secretary General, Rajya Sabha, Additional Solicitor General Anil Singh appeared and had submitted that present PIL is filed for publicity purpose. The ASG had also said, “ It is false and frivolous,” adding that the VP and Minister “have complete faith in the Constitution’’ and that VP also said that he has highest respect for the judiciary and committed to the Constitution of India.’’ Singh said the government never undermined the judiciary and its independence and its independence will always remain untouched and they respect ideals of the Constitution, noted the order.
The HC also said, “The PIL can be used for redressal of a genuine public wrong or public injury and it cannot be publicity oriented”.