Exclusive Interview With Justice R.K. Agrawal, Judge, Supreme Court of India
Day: 07/03/2016 Time: 06:15 PM
Why is a live screening of court proceedings restricted? Don’t you think there should be some provision for recording and using those cases for educational purposes as medical institutes do for their students?
Justice Agrawal: The difficulty is in the court proceedings. Many things happen which may not be advisable to be shown in public like there is no editing. Of course, if in future video recordings before court proceedings are there and if the editor removes the objectionable portion, then, of course, it can happen. Though one doesn’t know this will be a landmark, only after the judgment comes, then it can be considered as a landmark. The thing is, it is a good suggestion, but it has to be worked out.
I am going to ask you about the recent episode of Kanhaiya Kumar.
Justice Agrawal: On that, I don’t want to say anything. The matter is sub-judice, and I don’t want to make any comments.
Sir, as a Supreme Court Judge, I want to know your views on the recent attack on JNU student Kahnaiya Kumar and three Journalists.
What do you think about the lawyers taking the law into their hands? I know Senior Advocate and Bar Counsel Chairman have apologized and have condemned the act.
Justice Agrawal: See, as a judge and a countryman, nobody is above the law. Whoever takes the law into its own hand and to its adventure and is contravening and provision with the law, action has to be taken.
Justice Siddharth Mridul, Delhi High Court Judge, also stated: It doesn’t matter if you are a lawyer or non-lawyer; if you violate the law, then he should be prosecuted in terms and accordance with the law. Whether you are a lawyer or a layperson, that doesn’t matter.
How and what more can be done for the protection and the rights of journalists, satirists, critics, and free thinkers in our country?
Justice Agrawal: As far as I think, the Journalist is already protected. Our constitution protects them. They have freedom and right of expression, the right to hear their view. The only thing is they have to see whether it contra-views the law or not. They should not take the law into their hands. They should not express any views which are contrary to the law or violate anyone.
We have seen reports that many journalists are killed in North India. They are murdered, they are burnt.
Justice Agrawal: You see, for that law will take its own course. If they are been burnt because of any enmity, then the law will take its own course. Lodge an FIR complaint, and the government will take action.
This is a hypothetical question, what is the most pressing thing that the country needs right now, in your opinion?
Justice Agrawal: There are many pressing situations. What is at the current, and the case that comes before the Supreme Court and Newspaper or otherwise, then action can be taken.
On the subject of reservation: Should the reservation be given to those in the name of caste or economic needs? What are your views?
Justice Agrawal: Reservation, in fact, was because (during) pre-independence, certain sections of the society were oppressed, and they were not given the advantages of this society; rather, you can say. They were neither given education. Maybe backward or otherwise, they have to be protected. Unless they come under mainstream, how can you ask me this?
But there are protests right now in different States like Gujarat and Haryana. We can see people protesting against reservations now. The youth of this country has come out and are protesting against reservation. So do you think it should be based on caste or economical needs?
Justice Agrawal: All the factors have to be taken into consideration by providing a reservation. It was caste-based, of course, they need it, and if tomorrow they don’t need it, then the reservation will go.
Basically both.
We have been waiting for the Unified Code of Law in India for a very long, when are we going to have it?
Justice Agrawal: The question of Unified Law is sub-judice I would not like to say anything.
Thank you for giving me your valuable time, Justice Agrawal.
