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Source: The post is based on the article “Slowing justice, the committee way” published in the Indian Express on 27th August 2022.
Syllabus: GS 2 Important Provisions of the Constitution of India; Functioning of Indian Judiciary
Relevance: Pegasus Case; Judicial Reforms
News: The Supreme Court listed the Pegasus case for hearing before the bench of the Chief Justice N V Ramana, one day before his retirement, for examining the reports submitted by a technical committee constituted last year.
Background
The Supreme Court had constituted a committee of technical experts monitored by retired Supreme Court Justice R V Raveendran.
The committee had created a website and published a methodology for investigations into the case. It invited submissions and devices for study through a public notice. It conducted the video recordings.
What are the major issues in the judicial process related to the hearing of the Pegasus case?
The committee submitted its final report in August in a sealed cover. The findings of the committee were announced in summary without disclosing material particulars. The report has been resealed and kept in the custody of the Secretary General of the Supreme Court of India.
Despite submission, there have been multiple delays in the listing of the case for hearing. Despite the fact that the Pegasus case concerns a lot for India’s democratic framework and fundamental rights.
The Supreme Court of India took 4 hearings over two weeks to issue a pre-admission notice to the central government. These four hearings are instructive regarding the failed attempts by the Court to solicit the cooperation of the Union government.
The Court remarked that as per the report the government failed to cooperate with the committee.
What should be done?
Given the Pegasus case is pending it is hoped that the Judiciary must take remedial measures like the release of the contents of the report and giving directions to the government to enforce the writ of the Supreme Court of India.
