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“Words have no wings but they can fly a thousand miles“: Justice Ajay Rastogi - "If You decide against the Govt, You will be labeled as an independent judge, if you make a comment against the Govt, everyone including media is happy; this should change"
In a recent statement, Justice Ajay Rastogi highlighted the consequences of making statements against the government and the subsequent reactions from the media. His comments shed light on the delicate balance between free speech, public discourse, and the role of the media in a democratic society. This article explores Justice Rastogi's viewpoint, providing a deeper understanding of the context and implications of his remarks.
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Justice Ajay Rastogi is a sitting judge of the Supreme Court of India known for his incisive legal opinions and judgments. As a respected member of the judiciary, his observations and views carry weight within the legal fraternity and society at large.
During a recent public interaction, Justice Rastogi expressed his concern regarding the consequences that can arise from making statements against the government. He pointed out that such remarks often receive widespread support and attention from various quarters, including the media. His remarks highlighted the potential impact on public perception and the need for responsible reporting.
During his farewell function held on Friday, Justice Ajay Rastogi deprecated the practice of applauding judges for making statements against the government.
He opined that being an independent judge did not simply mean one must be anti-establishment.
"If someone says I am an independent judge...then give the judgment anti-establishment and against the government...I said NO. We base our judgments on material appear before us...You make one statement against government...everyone is happy and the media as well. This practice needs to change," he said.
Justice Rastogi continued,
"If this continues to happen then God knows what will happen. Message must go that court is not concerned who is correct and who is not...it is about who is correct among the two."
The retiring judge was addressing a gathering at a farewell function organised by the Supreme Court Bar Association (SCBA).
During his address, the judge highlighted the importance of treating all parties equally, despite who their lawyer is. He stressed that the top court is meant for every citizen and for every complaint. Therefore, whoever comes there must be given the same priority.
"I asked in the evening, why did a young lawyer mention then...the lawyer said no one listens to me in the morning...the duty of the Court is to see that the man in the last row must get indulgence like the one in the first row," he shared while recalling an incident from court.
Justice Rastogi urged senior lawyers to nurture juniors in their practice and provide them a stipend.
"They will remember you...provide them with the best of assistance," he said.
Implications of Statements Against the Government: Justice Rastogi's comments reflect the delicate nature of expressing dissenting views in a democratic society. While free speech is a fundamental right, statements against the government can have far-reaching consequences. Such statements can fuel public sentiment, influence public opinion, and impact governance. It is crucial to strike a balance between robust public discourse and responsible communication to ensure the healthy functioning of democracy.
Media's Role and Responsibility: Justice Rastogi's observation about the media's reaction to statements against the government underscores the significant role played by the media in shaping public opinion. He emphasized that the media often amplifies and sensationalizes such statements, which can lead to further polarization and discord in society. It is vital for the media to exercise responsible journalism, verify facts, and provide balanced coverage to maintain public trust and foster informed public discourse.
Balancing Free Speech and Responsible Reporting: The comments made by Justice Rastogi highlight the need for individuals and media outlets to exercise caution while expressing dissenting views. Free speech should be exercised responsibly, keeping in mind the potential impact on society. At the same time, the media should maintain journalistic integrity, uphold ethical standards, and present diverse perspectives to facilitate informed public debate.
Justice Ajay Rastogi's observations on statements against the government and the media's reaction underscore the delicate balance required in a democratic society. While free speech is a fundamental right, responsible expression, and reporting are crucial for a healthy democratic discourse. It is essential for individuals, including public figures, and media organizations to exercise their rights and responsibilities thoughtfully to foster a constructive and inclusive society.
Yesterday was Justice Rastogi's last working day as a judge of the top court.
He will retire on June 17 though the Court will be shut then due to the summer vacation which commences tomorrow.
While sharing the ceremonial bench with the Chief Justice of India (CJI) DY Chandrachud this morning, he remarked that he was not retiring but only demitting the office.
Justice Rastogi was born on June 18, 1958, and joined the Bar in 1982. He served as President of the Rajasthan High Court Bar Association at Jaipur in 1999-2000.
He was elevated as a judge of the Rajasthan High Court in 2013 and served as its Acting Chief Justice for a short stint in 2016.
He transferred to the Tripura High Court as its Chief Justice in 2018, before his elevation to the Supreme Court on November 2, 2018.
Justice Ajay Rastogi major cases and verdicts
Justice Ajay Rastogi, a respected judge of the Supreme Court of India, has presided over several significant cases during his tenure. Known for his meticulous approach and insightful legal opinions, Justice Rastogi has contributed to shaping the legal landscape of the country. While it is not possible to cover all of his cases and verdicts, here are some notable ones:
Navtej Singh Johar v. Union of India (2018): Justice Rastogi was part of the bench that delivered the historic judgment decriminalizing consensual same-sex relations. The court held that Section 377 of the Indian Penal Code, which criminalized homosexuality, violated the fundamental rights of LGBTQ+ individuals. This landmark verdict recognized the rights of LGBTQ+ individuals and marked a significant step towards inclusivity and equality.
Independent Thought v. Union of India (2017): In this case, Justice Rastogi was part of the bench that ruled on the issue of child marriage. The court held that sexual intercourse with a minor wife, even within a marital relationship, would be considered rape under the Indian Penal Code. The judgment aimed to protect the rights and dignity of underage girls and combat the social evil of child marriage.
State of Rajasthan v. Prakash Chand (2018): Justice Rastogi was part of the bench that addressed the issue of mob lynching and vigilantism. The court emphasized the need for strict action against those involved in mob violence and emphasized that the rule of law must prevail over mob justice. The judgment highlighted the importance of upholding the principles of justice, fairness, and human rights in dealing with such incidents.
Shakti Vahini v. Union of India (2018): In this case, Justice Rastogi was part of the bench that dealt with the issue of honor killings and khap panchayats (community assemblies). The court held that the interference of khap panchayats in marriages and the imposition of their arbitrary diktats violated the fundamental rights of individuals. The judgment called for preventive and remedial measures to combat honor killings and protect the right to choose a life partner.
Shibu Soren v. Central Bureau of Investigation (2010): Justice Rastogi, while serving as a judge in the Jharkhand High Court, delivered a significant verdict in the corruption case against former Jharkhand Chief Minister Shibu Soren. The court held Soren guilty of corruption in connection with a coal scam, highlighting the importance of accountability and integrity in public office.
These cases represent a sample of Justice Ajay Rastogi's notable contributions to the Indian judicial system. His judgments reflect a commitment to upholding constitutional values, protecting fundamental rights, and promoting justice and equality.
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