Govt trying to micromanage judiciary: Oppn leaders on Rijiju's 'frivolous PILs' remarks

The government is trying to micromanage the judiciary, Opposition leaders alleged on Thursday, a day after Union Law Minister Kiren Rijiju said if the Supreme Court takes up all bail applications and "frivolous PILs", then it will cause a lot of extra burden.

Rijiju made the remarks in Rajya Sabha after he introduced the New Delhi International Arbitration Centre (Amendment) Bill, 2022 on Wednesday.

Taking to Twitter, senior lawyer and Rajya Sabha MP Kapil Sibal said, "Rijiju alleged(ly) said: Supreme Court must not take up bail pleas ... Does he even know the meaning of liberty?"

Lok Sabha MP Manish Tewari asked the minister if he has read the treatise -- bail, not jail is the rule.

"Obviously Law Minister Kiren Rijiju had other pressing preoccupations in Law School other than Law. He perhaps has never read Justice Krishna Aiyer's seminal treatise -- bail not jail is the rule. How else can a law Minister say SC should not hear bail pleas," the Congress leader said on Twitter.

Hitting out at the government, former law minister Salman Khurshid said, "Forget NJAC, Government wants to micromanage judiciary: cut vacations, no priority to bail, et al. What next?"

Also read | Issue of vacancies in higher judiciary will linger till new system put in place: Kiren Rijiju

Speaking in the Upper House, Rijiju had the Supreme Court should take up those cases which are relevant and appropriate for it.

"If the Supreme Court of India starts hearing bail applications, if the Supreme Court of India starts hearing all frivolous PILs, it will definitely cause a lot of extra burden on the hon. court itself because the Supreme Court, by and large, is treated as a constitutional court," he said.

The Supreme Court has close to 70,000 (pending) cases, the minister said.

Rijiju said he has personally conveyed the message to the Chief Justice of India and other Supreme Court judges that "we will be with the Supreme Court, we will be with the courts of India, we will always be there to ensure that the independence of Judiciary is not tinkered with. We will always protect the independence of Judiciary and also strengthen the Judiciary".

"But, when we talk about the pending cases, which is touching five crores, definitely the people will ask the question to the Law Minister. Many questions come in the Parliament as to why so many cases are pending. If you see, more than 4,25,00,000 cases are pending in the lower courts where the Government of India has a stake. We give money, support to create better infrastructure.

"But we have to also ask the Judiciary to ensure that the deserving people are given justice and unnecessary burden should also be taken care of so that they don't cause disturbances when the court is functioning or the court is discharging its duties," he said.

Rijiju had also told Rajya Sabha that the issue of vacancies and appointments in the higher judiciary would continue to linger till such time a new system is created for the same.