Our anger has no meaning because we are always angry- CJI Ranjan Gogoi

India which had signed the UN Convention against torture way back in 1997 has still not ratified the Convention which defines torture as a criminal offence, for which a PIL filed by former law minister Ashwani Kumar. In response to the same, Chief Justice of India (CJI) Ranjan Gogoi reacted as "We are always angry. Our anger has no meaning because we are always angry."

The Bench which also comprising of Justices Dinesh Maheshwari and Sanjeev Khanna, made an attempt to point out that the Supreme Court cannot direct Parliament under Article 142 of the Constitution as "Parliament is sovereign in its sphere and the Supreme Court is sovereign in its own sphere".

The Chief Justice added that the court cannot issue a writ to the Government of India to "honour its constitutional promise to preserve human dignity." The Chief Justice asked Mr. Kumar, "How will we look in the eyes of the world if we do something like that."

The CJI also asked Mr. Kumar to let know what specific directions did he has ask for from the court to fill up the vacuum supposedly caused by the lack of a parliamentary law on custodial torture, to which Mr. Kumar objected that he has never been properly heard in the case. This statement apparently annoyed the Chief Justice of India who replied that the Bench would hear Mr. Kumar's case and no other listed for the day. "It is very easy for you to talk from the other side. How many cases do we hear every day and how is our time rationed. You may not know," the CJI communicated to Mr. Kumar. The latter clarified that he wasn’t talking about any other court but only this court and that he had no motive to upset the court.

"Now that a grievance has been made by a senior person (Mr. Kumar) that he has not been heard, we will hear him in detail," said the CJI, appealing Mr. Kumar to begin his submissions in the PIL.

Earlier in the hearing, the Centre submitted an affidavit in the court, mentioning the position of its attempts with the States to work out a law to avoid custodial torture and inhuman treatment.

Attorney General K.K. Venugopal said, “There is no use blaming this government or the other. We are cooperating. Doing our best”

The submissions by Mr. Kumar that no steps were taken to implement the Prevention of Torture Bill 2010 even after six years of it got passed by the Lok Sabha on May 6, 2010 was countered by the Government.

Also read: National News