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Retired Supreme Court Judge bats for judicial overreach, asks SC to bypass Legislature, strike down sedition law and UAPA

"Governments will come and go (but) it is important for the court to use its power and strike down Section 124A and the offensive portions of UAPA. Then citizens here would breathe more freely," said the retired SC judge at a lecture event.

On Sunday (October 10), ex-Supreme court Judge Rohinton Fali Nariman courted controversy after he urged the apex court to strike down the sedition law and the stringent provisions in the Unlawful Activities (Prevention) Act. He made those contentious remarks during an event organised by the Viswanath Pasayat Memorial Committee.

While encouraging judicial activism, the retired Judge asserted, “I would exhort the supreme court to not send sedition law cases pending before it back to the Centre. Governments will come and go (but) it is important for the court to use its power and strike down Section 124A and the offensive portions of UAPA. Then citizens here would breathe more freely.”

Justice Rohinton Fali Nariman also alleged that India’s rank on the Global Law index was poor due to colonial-era laws.

“The Nobel Peace Prize was given to two journalists from the Philippines. India’s rank there was 142…Why? This is more to do with India’s bank of colonial laws,” he had said. The retired judge also urged the Supreme Court to unilaterally strike down the sedition law (IPC 124). He inquired, “…How in this large democracy is Section 124A surviving?”

Furthermore, ex-Justice Nariman also dubbed UAPA as a ‘draconian act’ that needed repeal. He added, “We had the China and Pakistan wars. Thereafter, we introduced the draconian legislation- UAPA. Disaffection continues in the statute book and UAPA is a draconian act as it has no anticipatory bail and has a minimum of 5 years imprisonment. This act is not under scanner yet. This too has to be looked into along with the sedition law.”

World Hindu Foundation asks Justice Rohinton Nariman to take back his comments on Vedas

In April this year, Justice Rohinton Nariman made ‘objectionable’ comments on the stature of women in religion and the Rig Veda during the 26th Justice Sunanda Bhandare Memorial Lecture. He had claimed, “Rig Veda says do not make lasting friendship with women because she would be like a hyena.” The comment had attracted severe criticism, which was interpreted by many as an insult to Hindu sentiments.

Swami Vigyananand, the founder of the World Hindu Foundation, remarked, “I believe that you are not qualified to interpret Vedas and ancient Hindu scriptures. Therefore, you must resist making any commentary on Hindu scriptures and Vedas based on your reading of secondary sources. Moreover, you hold a responsible position in the judiciary. You must behave responsibly in speaking about issues concerning the great Dharma and Bharat’s civilisational heritage,” he said.

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