'If we cannot protect the personal liberty of the citizens...', CJI Chandrachud said amidst the statement of the Law Minister

Posted on 16th Dec 2022 by rohit kumar

Union Law Minister Kiren Rijiju expressed concern on Thursday (December 15) over the delay in getting justice in the country. While advising the Supreme Court, he had said, "Supreme Court should hear constitutional matters, not bail matters." After this comment, the Union Law Minister, Chief Justice DY Chandrachud made a strong comment on this.

 

CJI Chandrachud said, "No case is small for the Supreme." The Chief Justice made these remarks while ordering the release of a person who had served a long sentence in the case of electricity theft. Chief Justice Chandrachud said, "No case is small for us. If we cannot protect the personal liberty of the citizens, then what are we sitting here?"

 

Supreme Court is the protector of fundamental rights – CJI

 

This comment of the Chief Justice is important because just yesterday Union Law Minister Rijiju commented on the functioning of the Supreme Court. He advised the Supreme Court to hear big constitutional matters instead of bail and small matters. Now the Chief Justice has also cleared his stand on this. CJI Chandrachud said, "The Supreme Court is the custodian of the fundamental rights of the people and personal liberty is an important fundamental right."

 

Made the case of power theft big

 

Chief Justice Chandrachud and Justice PS Narasimha expressed surprise over this while hearing the case of Ikram, a resident of Hapur, who had spent more than 7 years in jail for electricity theft. When the petitioner's lawyer told the court that his client had been in jail for 7 years, both the justices were shocked. The bench said, "The lower court and the High Court have made a minor offense a case of murder."

 

The youth spent 18 years in jail for power theft

 

The petitioner had 9 cases of electricity theft, he resorted to the process of plea bargaining (accepting his crime for lesser punishment) in the lower court. He got a sentence of 2-2 years in all 9 cases. The trial court did not order them to run together. The High Court also said that the punishment would run one after the other, which means he would have to spend 18 years in jail.

 

'Simple matter is also very important'

 

When the counsel for the petitioner told the court that he had been in jail for 7 years, both the judges were surprised. Justice asked senior advocate Nagamuthu present in the court for his opinion. The senior lawyer said, "In this way, it has become a matter of life imprisonment." On this, the Chief Justice said, "That is why the Supreme Court must hear such cases. Judges stay awake till midnight to read the case file because sometimes a seemingly simple matter is very important in terms of civil rights. If What is the use of us if we do not interfere in such a case?"

 

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