Dear Justice D. Y Chandrachud

dear justice DY chandrachud

Dear Justice D. Y Chandrachud,

I hope you’re doing fine in these unprecedented times where not just justice is suffering but the whole world.

Let me introduce myself as one average law student from a three-tier college in a small town. I decided to study law not merely because of the principles that it embodies but also the high ideals with which it associates itself. The language with which the Constitution has been written and especially the golden thread of equality that binds it has drawn me to this sphere of life.

You have been a guiding force and your judgments and speeches have had a high impact on my perspective of what the law should be.

I had grown to be very fond of you especially after viewing a lecture at the Bombay Bar Association on ‘Why Constitution matters’ where you said “We would miss the essence of the constitution if we do not remember to develop on the institution which the constitution has created. Democracy thrives when institutions thrive and democracy in nations fail when institutions fail, so the resilience of the constitution lies not merely in placing the individual at the forefront of its endeavors, but in terms of creating vibrant institutions and these are the institutions which really sustain our democratic structure.”

I could deeply connect to these words because in my learned opinion, our institutions have started to fall.

In one of your bail orders named Arnab Manoranjan Goswami Vs. The State of Maharashtra & Ors. (Criminal Appeal No. 743 of 2020) you have firmly reiterated “The doors of this Court cannot be closed to a citizen who is able to establish prima facie that the instrumentality of the State is being weaponized for using the force of criminal law. Our courts must ensure that they continue to remain the first line of defense against the deprivation of the liberty of citizens. Deprivation of liberty even for a single day is one day too many. We must always be mindful of the deeper systemic implications of our decisions.” which comes days after CJI’s comment “We are trying to cut down the Article 32 jurisdiction. We do not appreciate this”

Clearly, “We” in CJI’s comment seems to be divided. An institution such as the Supreme Court of India which has been the forerunner in upholding the rights and liberties of citizens has turned fragile and is giving out contrary judgments.

I may have a prejudice when it comes to Mr. Arnab Goswami and with the channel that he runs but I stand with the SC bail order but not in the spirit in which it was expeditiously heard like a marathon in the midst of a vacation where more deserving cases and unheard bail applications lie for disposal just like you have reiterated in the bail order.

It must be very difficult to align ideologies on the political forefront, but when it comes to the law, one ideology stands should stand forever: Justice. It is clealy evident that most of the Indian population is not as fortunate as Mr. Goswami and such speedy disposal of all cases is not easy but the country must know the endeveours of the highest court of the country in tackling this problem. What is the Supreme Court doing to remove this inequality?

Why was a prime time journalist given unequal treatment and how was the case listed this expeditiously? How could the registrar put this up for hearing in spite of the fact that there were several irregularities in the petition as has been shown in the website.

This is also not the first time SC has been accused for its “pick-and-choose policy”

This letter is addressed to you with deep urgency and concern that one of the most important and largest institutions in India is falling. The public sentiments are breaking. Please save the Supreme Court and democracy.

It is perhaps too late but nevertheless reminds me of a prayer:

“To no one we shall sell, to no one we shall deny or defer right or Justice” – the great Magna Carta

Please save the Constitution.

Warm Regards,
Pritam Banikk,

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