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Judiciary has to be more sensitive, must ensure protection of fundamental rights: Kapil Sibal

Judiciary has to be more sensitive, must ensure protection of fundamental rights: Kapil Sibal

The Hindu
Monday, July 18, 2022 08:00:05 AM UTC

Kapil Sibal slammed the BJP-led Union government for trying to stifle Opposition voices in the Parliament by banning protests

Senior lawmaker and advocate Kapil Sibal feels that the judiciary must be more sensitive to people's concerns over "violation of fundamental rights" and ensure that central agencies are not misused for political reasons.

Mr. Sibal, who had quit the Congress a few months back and is presently an Independent Rajya Sabha MP, said the courts must proactively protect people's fundamental rights and the institutions from being misused. Mr. Sibal said certain judgements of the courts reflect the state of the judiciary in the country.

"I think the judiciary should be more sensitive to these concerns (violation of fundamental rights) and take up the causes. There are only two institutions that can protect the fundamental rights of our citizens: the media by bringing to the fore grave issues of violations that are taking place, and the court. I have seen in the past that in some cases, that has not happened," Mr. Sibal told PTI in an interview here.

When asked whether the Opposition has failed to protect the rights of the people, Mr. Sibal said it is the duty of the courts. "If there is an onslaught on the institutions of this country, if those institutions are being misused for political gains, if people are being incarcerated, who must protect them? The Opposition? No.

"The institutions need protection from the courts. The courts need to be sensitive to concerns, so that agencies are not misused for political purposes. The courts must proactively protect people who are languishing in jails for implausible reasons," Mr. Sibal said.

Mr. Sibal, however, declined to comment on whether the judiciary has been politicised. "I don't want to make any comment on that. The judgements of the courts reflect the state of the judiciary...since 2014, there have been certain decisions that make me worry," Mr. Sibal said.

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