As long as the rule of law exists citizens need not feel threatened: TS Thakur
"As long as rule of law is there and a strong and independent judiciary is functioning, no one should feel threatened. We are capable to protect rights of all citizens cutting across caste, creed and religion," the CJI said.
Harish V Nair
New Delhi, December 7, 2015 | Posted by Bihu Ray | UPDATED 15:54 IST
A +A -
The Capital had recently witnesssed a number of rallies for and against the intolerance issue.
Modi government got a major boost with the newly sworn in Chief Justice of India TS Thakur on Sunday saying talk of intolerance and doubts being raised if a particular community should leave the country were wholly misplaced and attributed the murders which triggered the debate only to 'animal instinct of criminals'. Also Read: Arvind Kejriwal's even-odd car scheme gets CJI TS Thakur's backing
"People and politicians may say anything. But I am heading an institution which protects constitutional rights of all citizens and also some time non-citizens. So as long as rule of law is there and a strong and independent judiciary is functioning, no one should feel threatened. We are capable to protect rights of all citizens cutting across caste, creed and religion," the CJI said his first interaction with journalists after assuming office. Also Read: Odd-numbered cars to run on Monday, Wednesday and Friday in Delhi
Animal instinct
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When asked why the judiciary was not taking suo motu cognizance (on its own) of murders like that of Karnataka writer MM Kalburgi, the CJI said, "Reasons should not be attributed to everything. There is animal instinct in some people to kill. Crime has become a part of human life. We have to admit that."
"The country has been home of all religions and communities. People prosecuted in other countries have come here and flourished. As long as there is an independent and strong judiciary in this country, the citizens need not nurse any apprehensions on this count and there shall be no persecution on grounds of religion," he said.
"The holy book Gita was originally written in Sanskrit, but I can't understand Sanskrit. I read Gita in Urdu, which was translated by a Muslim," he said, claiming that "our existence is based on philosophy of tolerance". Amid the row over Nirbhaya case convict juvenile's impending release, the CJI said he felt juveniles who have committed heinous offences should get harsh punishment rather than 3 years in a special home as per the present rules. "A bill is pending in Parliament and we are waiting for its outcome. We have kept some files pertaining to gruesome acts by juvenile pending because of it. We know there cannot be retrospective effect but we will get some kind of roadmap on how to proceed with it.
Aiming to curb crimes by minors, the Lok Sabha has cleared an amendment to the Juvenile Justice Act which will give Juvenile Justice Board the power to decide if a minor between the ages of 16 and 18, accused of heinous crimes like rape and murder, should be tried as adults in a regular court. They, however, cannot be sentenced to death or life imprisonment. Under the Bill, the Juvenile Board will conduct an assessment of factors including the 'premeditated nature' of the offence and 'the child's ability to understand the consequences of the offence'. The bill is pending in the Rajya Sabha.
Thakur said rooting out corruption in judiciary which has 'maligned its image' will be one of his top priorities. "I will take appropriate action against judges who show deviant behaviour. Judiciary will be intolerant towards deviant behaviour of judges. Credibility of institution has to be of utmost importance," he said.
Corruption in the judiciary and the need to uproot it were intermittently debated in last five years when former Kolkata HC judge Soumitra Sen became the first judge in the country to be impeached by the Rajya Sabha for misappropriation of funds in 2011. There was also charges of corruption against former CJI K G Balakrishnan and several others like PD Dinakaran, Shamit Mukherjee and Nirmal Yadav.
Death penalty
Justice Thakur said he was aware of growing feeling that death penalty should not be given even in rarest of rare cases "but as long as it is there in the statute book, death penalty will remain. But you must remember that judiciary itself has observed self-restraint in giving death penalty" The CJI said though appointments of nearly 400 judges to the high courts was one of the biggest tasks before the collegium headed by him, he would not commence the process till a constitution bench delivered its judgment on how to improve the system.
"As long as rule of law is there and a strong and independent judiciary is functioning, no one should feel threatened. We are capable to protect rights of all citizens cutting across caste, creed and religion," the CJI said.
Harish V Nair
New Delhi, December 7, 2015 | Posted by Bihu Ray | UPDATED 15:54 IST
A +A -
The Capital had recently witnesssed a number of rallies for and against the intolerance issue.
Modi government got a major boost with the newly sworn in Chief Justice of India TS Thakur on Sunday saying talk of intolerance and doubts being raised if a particular community should leave the country were wholly misplaced and attributed the murders which triggered the debate only to 'animal instinct of criminals'. Also Read: Arvind Kejriwal's even-odd car scheme gets CJI TS Thakur's backing
"People and politicians may say anything. But I am heading an institution which protects constitutional rights of all citizens and also some time non-citizens. So as long as rule of law is there and a strong and independent judiciary is functioning, no one should feel threatened. We are capable to protect rights of all citizens cutting across caste, creed and religion," the CJI said his first interaction with journalists after assuming office. Also Read: Odd-numbered cars to run on Monday, Wednesday and Friday in Delhi
Animal instinct
Ads by ZINC
When asked why the judiciary was not taking suo motu cognizance (on its own) of murders like that of Karnataka writer MM Kalburgi, the CJI said, "Reasons should not be attributed to everything. There is animal instinct in some people to kill. Crime has become a part of human life. We have to admit that."
"The country has been home of all religions and communities. People prosecuted in other countries have come here and flourished. As long as there is an independent and strong judiciary in this country, the citizens need not nurse any apprehensions on this count and there shall be no persecution on grounds of religion," he said.
"The holy book Gita was originally written in Sanskrit, but I can't understand Sanskrit. I read Gita in Urdu, which was translated by a Muslim," he said, claiming that "our existence is based on philosophy of tolerance". Amid the row over Nirbhaya case convict juvenile's impending release, the CJI said he felt juveniles who have committed heinous offences should get harsh punishment rather than 3 years in a special home as per the present rules. "A bill is pending in Parliament and we are waiting for its outcome. We have kept some files pertaining to gruesome acts by juvenile pending because of it. We know there cannot be retrospective effect but we will get some kind of roadmap on how to proceed with it.
Aiming to curb crimes by minors, the Lok Sabha has cleared an amendment to the Juvenile Justice Act which will give Juvenile Justice Board the power to decide if a minor between the ages of 16 and 18, accused of heinous crimes like rape and murder, should be tried as adults in a regular court. They, however, cannot be sentenced to death or life imprisonment. Under the Bill, the Juvenile Board will conduct an assessment of factors including the 'premeditated nature' of the offence and 'the child's ability to understand the consequences of the offence'. The bill is pending in the Rajya Sabha.
Thakur said rooting out corruption in judiciary which has 'maligned its image' will be one of his top priorities. "I will take appropriate action against judges who show deviant behaviour. Judiciary will be intolerant towards deviant behaviour of judges. Credibility of institution has to be of utmost importance," he said.
Corruption in the judiciary and the need to uproot it were intermittently debated in last five years when former Kolkata HC judge Soumitra Sen became the first judge in the country to be impeached by the Rajya Sabha for misappropriation of funds in 2011. There was also charges of corruption against former CJI K G Balakrishnan and several others like PD Dinakaran, Shamit Mukherjee and Nirmal Yadav.
Death penalty
Justice Thakur said he was aware of growing feeling that death penalty should not be given even in rarest of rare cases "but as long as it is there in the statute book, death penalty will remain. But you must remember that judiciary itself has observed self-restraint in giving death penalty" The CJI said though appointments of nearly 400 judges to the high courts was one of the biggest tasks before the collegium headed by him, he would not commence the process till a constitution bench delivered its judgment on how to improve the system.
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