New Delhi: Justice Adarsh Kumar Goel, who retired as Supreme Court judge on Friday, said that the wrongs done during the Emergency to trample the fundamental rights of the citizens were in his mind when the issue of safeguarding person’s liberty cropped up in relation to the SC/ST Act hearing.
The judge, who defended his March 20 judgement in which guidelines were laid down for the arrest under the stringent Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, said, “if courts cannot protect fundamental right of innocents, courts better wind up.”
Justice Goel hogged the limelight with the judgement expressing concern over rampant misuse of the Act and held that there would be no automatic arrest under the law and a primary enquiry must be conducted by the police before taking any action.
The judgement created a ripple effect and opposition parties accused the government of being not serious in defending the provisions of the law aimed to protect the marginalised section of society.
The Centre came out with a review petition but Justice Goel, who headed the bench, refused to budge and said those who were agitating had either not read the judgement or being misled by vested interests.
“On the imposition of Emergency there were suspension of fundamental rights, this led to the assumption of great arbitrary power by police and the administrators. Unchecked, one can say. But my experience was that the courts were very justice oriented, even in that atmosphere. And if you show that it was because of Emergency this innocent person is arrested or this action is taken, straightaway the court would grant him bail,” Justice Goel, who was speaking at a farewell function organised by the Supreme Court Bar Association (SCBA), said.
Had Emergency in mind while writing SC/ST ruling: Justice Goel
