Some Credibility Restored!

Here, it'd be pertinent to recall that the current downhill journey was
inaugurated by the then CJI Khehar on taking over from Justice Thakur.
Under Dipak Misra, his successor, the downslide gathered further momentum.
But, the very depth would be plumbed by Ranjan Gogoi and, then, Bobde would
hold on to it.

Even under Khehar, a nine-judge bench of the Court, headed by the CJI, had
adjudged "privacy" as a fundamental right - in the teeth of stringent
opposition from the regime.
Under Misra, we had the Sabarimala judgement and also a lightening
intervention to foil the regime's gameplan to overturn the Cong.-JD(S)
government in Karnataka vis wholesale purchase of MLAs.
In Gogoi there was no saving grace; the only hint of "independence" was
exhibited in the Assam NRC case, where he out-BJP-ed the BJP.
Bobde maintained that level.

Now, we're encounteing cautious - pretty cautious, moves to reverse the
gear.
It's, admittedly, not easy.
Things, since Khehar, outside the Court have changed a lot. A member of the
(three-member) Election Commission - one of the most exalted institutions,
was just hounded out for being considered not-too-pliabe.

Of course, climbing up is way more difficult than sliding down.
But, there are reasons to hope.
Moreover, the courts do not operate in a vacuum.
*It's the task of the civil society and the political outfits committed to
fight the incumbent evil regime to create an enabling ambience.*
*The process is mutually reinforcing.*

*There lies the real salience of the current judgement*.

<<The Supreme Court Wednesday appointed an expert committee to look into
allegations of unauthorised surveillance using the Pegasus software. A
three-judge bench headed by Chief Justice of India N V Ramana and
comprising Justices Surya Kant and Hima Kohli said the functioning of the
committee would be oversees by the Supreme Court.

“The state cannot get free pass everytime by raising national security
concerns. No omnibus prohibition can be called against judicial review.
Centre should have justified its stand here and not render the court a mute
spectator,” the bench was quoted as saying by Bar and Bench.

"There has been no specific denial by the Centre. Thus, we have no option
but to accept the submissions of petitioner prima facie and thus, we
appoint an expert committee whose function will be overseen by the Supreme
Court,” it added.

The apex court was hearing 12 petitions in the matter, including those
filed by the Editors Guild of India; journalists N Ram and Shashi Kumar,
P[a]ranjoy Guha Thakurta; Trinamool Congress leader Yashwant Sinha; and
academic Jagdeep S Chhokar.>>

(Excerpted from: <
https://indianexpress.com/article/india/supreme-court-pegasus-spyware-surveillance-verdict-7592853/
>.)

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