A P Shah says the best way to counter criticism is not to shut down, but to engage and respond to the speaker, he said
Former Delhi High Court Chief Justice A P Shah on Friday said all kinds of laws are being used to silence activists and dissenters and if the youth demand resignation of a politician, they have to face FIRs and lathis.
Speaking at the second edition of the annual lecture series organised in memory of late Justice H R Khanna by the Goa High Court Bar Association, Justice Shah said, “Historically, the Supreme Court has upheld the idea that the freedom of speech and expression is closely linked to democratic ideals, and that free political discussion facilitates public education and enables the proper functioning of the court. It has highlighted the importance of, respect for, and tolerance of a diversity of viewpoints for sustaining a democratic society.”
The best way to counter criticism is not to shut down, but to engage and respond to the speaker, he said.
“But this seems to have been forgotten by the powers that be in our country today,” he said. “Unfortunately, today, all kinds of laws and tools are being used against activists, dissenters, political cartoonists to silence and harass them. If a collective of young persons’ demands the resignation of a politician demanding accountability, they face criminal FIRs and lathi charges.”
If media houses are critical of the incumbent government, they are slapped with tax cases and financial scrutiny, he said.
“Elsewhere, someone mishears a stand-up comedian…it’s becoming very common. Someone takes offence, and the next thing you know that the comedian is in jail. Even if you are the organizer of the event that hosts such a comedian, you are thrown in jail. It can be weeks, if not months, by the time you actually get out,” he said.
Referring to the recent student agitation against the NEET paper leak across the country, he said that the agitation “goes far beyond grievances towards specific examinations like NEET”.
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“They are symbolic of a resurgence of democratic energy. For years, many believed that dissent was fading, civil society was exhausted, political opposition was ineffective and the space for criticism had been closed permanently…These young citizens have shown that the democratic spirit in India is still very much thriving, protests were peaceful…with reasonable demands for transparency and accountability,” he said.
Justice Shah said the streets, courtrooms, and Parliament are all complementary pillars of a given society. “Judges do not need to become heroic activists. They simply need to focus on doing their job independently and fearlessly, maintaining fidelity to the rule of law, principles of natural justice, and constitutional morality.”
He said the use of extrajudicial tools like bulldozer politics and encounter killings appeared to threaten the rule of law. “The bulldozer today is a symbol of power wielded without legal sanction and authority. Here the state acts as all-in-one…investigators, prosecutor, judge, and executioner, and uses literally bulldozers to flatten the homes of accused individuals without trial. Beyond that demolition itself, the lives of entire families and communities are destroyed. If the rule of law is to be replaced by bulldozers, encounter squads and government commissions, what role do courts and judges play?” he asked.
Justice Shah said citizens are routinely deprived of basic communication “whenever the government perceives a threat to itself”. “We have the highest number of internet shutdowns in this country. Even in Delhi, recently mobile networks were shut down for a while…Collectively, all of these point to a strategy and a deliberate push towards a state-monopolised discourse. There is a chilling effect across free speech today, and unfortunately, courts are also reluctant to hear these expeditiously,” he added.
