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Anjan Basu's avatar

Someday when the history of our time is written the Indian judiciary will inevitably be seen as complicit in many if not most of the crimes of the Indian state post 2014. In some cases our courts have been more than complicit, it’s they who actually facilitated some of those crimes, even if they didn’t commit them themselves. And the entire system is broken, and it’s dishonest to blame all the failures on the lower courts, for the higher judiciary has actually done more harm than the rest. I am thinking of the release of the Bilkis Bano rapist-murderers, the SC’s bizarre about-turn in the Manis Sisodia bail matter, the SC’s mulish obstinacy in refusing to even hear Umar Khalid’s bail plea, the outrageous judgements delivered in the demonetisation, same-sex marriage and the Babri Masjid cases and many others. And the number of cases cases where the courts simply refuse to engage with important issues is legion. And with such a dreadful report card our top court never yet tires of delivering pious sermons every other day.

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