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HVK Archives: ECON. TIMES: "BJP not join bandwagon for 'operation judicial activism'"

ECON. TIMES: "BJP not join bandwagon for 'operation judicial activism'" - The Economic Times

Political Bureau ()
3 October 1996

Title : BJP not to join band wagon for `operation judicial activism'
Author : Political Bureau
Publication : The Economic Times
Date : October 3, 1996

The Bharatiya Janata Party (BJP) today neatly distanced itself from the
growing chorus of protests against judi- cial activism by endorsing its
recent actions against politicians. The party general secretary, M
Venkaiah Naidu, who refuted the allegation that the judiciary was
transgressing its limits said that it has "stepped in only because of the
manifest failure of the executive to effectively and credibly tackle the
scourge of corruption at high places".

Addressing a press conference here today, Mr Naidu said his party was
opposed to the Congress' demand for conven- ing a special session of
Parliament. "Confrontation with the judiciary is both unnecessary and
fraught with pro- foundly dangerous implications for Indian democracy,"
the party leader said.

Mr Naidu said his party was of the view that the need of the hour is
political and judicial statesmanship to avoid mutual confrontation. The
party general secretary, who referred to the meeting between the Prime
Minister, Mr Deve Gowda and the Chief Justice, A M Ahmadi, which had
raised many eyebrows, said that the former should come clean on what
transpired at the meeting.

He said it has become all the more necessary as "all attempts by the
United Front government to use the CBI and influence the judiciary to
prevent the long arm of law from reaching Mr Narasimha Rao have failed".

Mr Naidu, who unleashed a major offensive against the United Front for the
lack of transparency in its gover- nance said that the 'bail-out Rao
operation' confirms "two popular beliefs - one, 13 parties wants to stick
to power and secondly, the 14th party (the Congress) wants to protect
their leader from prosecution."

Mr Naidu said it was ironical that the Congress which "frustrated the then
combined Opposition's attempt to impeach a Supreme Court judge for his
alleged corrupt practices a few years ago, should now be agitated over the
judiciary 'overstepping' its limits".

The BJP's 'fondness' for judiciary as it is perfectly in line with its
established stand within and outside Par- liament. Even when there was a
demand for a more asser- tive role for the executive in the last session
of Par- liament, the BJP members had strongly defended the judi- ciary.

But of late, there has been lot of 'misgivings' following the court's
stand in the case involving the party presi- dent Mr L K Advani. The
Special Judge's nod for char- gesheeting of Advani on the basis of
initials, LK and LKA, in a "loose sheet and not the controversial diary",
was seen by many in the party as an "unfair ruling".

However, the strong defence of the judiciary by the party is guided by its
perception that public opinion favoured an activist judiciary. With its
new-found support-base

largely belonging to the middle classes, the party's support for an
activist judiciary is sure to bring it some dividends.

But the 'misgivings' in the political class is sure to have bearing on who
will succeed the present Chief Jus- tice. Although Justice J S Verma -
the hawala judge - appears to be the front-runner, his activist role is
being resented by the political class. The attack on judiciary, in this
context, is a precursor to the vent that are to follow.


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