Ex CJI Had No Right To Be Justice Of His Own Cause: Justice Iqbal Ahmed Ansari
Justice Iqbal Ahmed Ansari described why rule by law is unjust and unfair to a welfare society.
Photo Credit :
BW Businessworld organised its global legal summit and legal leaders awards 2019 in the August gathering of India's top legal stakeholders, in the national capital. Addressing the gathering former chief justice of Patna High Court, Justice Iqbal Ahmed Ansari enlightened audience with the distinction between 'rule of law' and 'rule to law'.
Talking about the topic justice Ansari recalled that kingly States and how they had managed to make the law's for their own appeasement. He said "Kings and emperor's had powers that were limited to the boundaries of their states and judicial system had a very small role to play during that period.
Describing the law and evolution of welfare state the justice Ansari shared how fall of empires and kingdoms gave birth to communism and democracy. Both the systems had an eye for the welfare state. Norms of governance of society are law said he. The law has to be continuously evolving it should not be constant for the welfare of the state. Describing the same he gave an example of how the definition of rape in the US courts contradicted with the institution of marriage. The same law changed its perception in UK courts a few years later. Sighting the same incident Justice Ansari justified the need of constant evolution in law and how it should be seen.
Criticising the Rule of law Justice Ansari called it unfair and unjust where he emphasized in the importance of Rule by law. Touching upon a very sensitive example he quoted that it was unfair on the part of former chief justice of India (CJI) to be the part of the bench dealing with the alleged sexual harassment case by a supreme court staff where ex CJI himself was a party.
Also asking for the rule by law justice Ansari defined how none can put pressure on the judiciary by predetermined minds set. Giving example and without naming the woman member of parliament (MP) of an upper house in Indian Parliament he said how a responsible person could justify and applaud the alleged encounter in the recent Hyderabad rape and murder case. He said if the MP was not there during a crime and not during alleged encounter she shouldn't have applauded it with a predetermined mindset.