Judiciary under fire for sentencing journalists - Instablogs
Judiciary under fire for sentencing journalists
HemRaj Singh , New Delhi: Sep 28 2007
Made Popular Sep 28 2007
India :

Judiciary under fire for sentencing journalistsThe conviction and sentencing of four journalists by Delhi High Court for contempt doesn’t seem to have gone down well with many prominent citizens of the country including Somnath Chatterjee and Arundhati Roy.
Delhi High Court had taken suo moto cognizance of the news reports published in Mid Day accusing former Chief Justice of India for passing judicial order in sealing drive case to benefit sons. The High Court held that such an action amounted to contempt. The Court said:

The publication in the garb of scandalising a retired Chief Justice of India, in fact have attacked the very institution, which according to us, is nothing short of contempt

Reacting to the sentencing Lok Sabha Speaker Somnath Chatterjee said:

Instead of going into the truth of these charges, which the judiciary can do with its means and mechanisms, it looks like orders are being passed to terrorise these people.

Judiciary under fire for sentencing journalistsOn Friday (Septmeber 28, 2007) around 50 journalists protested in New Delhi demanding that the case be dropped. Protesting the conviction, twenty six activists moved in an application to be included as defendants in the case. Their application was, however, rejected.

Noted author Arundhati Roy said that it seemed as though we were living under a ‘judicial dictatorship’. She further noted that the law of contempt

arms the judiciary with formidable, arbitrary powers to silence its critics and to imprison anyone who asks uncomfortable questions.

It seems that in the mad clamour we have lost sight of the fact that the allegations made against Justice Sabharwal are nothing more than accusation and there is nothing to prove that he actually acted for the benefit of his sons. The only thing that seems possible is that his order may have benefited his sons, but for it to be questionable it has to be proved that Justice Sabharwal’s orders were motivated. So far no legal infirmity has been found in his orders.

The sentencing has already been stayed by the Supreme Court.
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