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SC rose to the occasion in Gujarat cases: CJI
June 02, 2004 16:06 IST
Chief Justice of India R C Lahoti on Wednesday said the Gujarat riot cases were extraordinary in nature and the Supreme Court rose to the occasion in dealing with them.
Justice Lahoti, who was sworn in on Tuesday, was speaking to PTI.
Asked whether the manner in which the apex court dealt with these cases could be termed as judicial activism, the CJI said: "The terminology judicial activism is a misnomer. The Judiciary is supposed to be active under the Constitution. The day it is not active, it ceases to be judiciary."
Asked about the Punjab and Haryana high court Judges suddenly going on protest causal leave and a reported move to transfer some of them, the CJI denied there was any move ever to transfer them.
"It is not a serious issue. The chief justice and the judges of the high court are sensible and responsible persons. Only some minor misunderstandings have got enlarged into serious problems but they are all within manageable limits.
"With the help of my senior colleagues in the Supreme Court and by taking the chief justice and all other judges of
the Punjab and Haryana high court into confidence, the congenial atmosphere and smooth working in the high court will
be restored," Justice Lahoti said.
Asked about the need for more powers to the CJI to deal with alleged incidents of indiscipline in the judiciary , he said the CJI has the moral authority to deal with such situations.
"At present, there is no need for any such legislation for giving more powers to the CJI. But, if such a situation arises requiring such legislation, we shall certainly make such a request to the government to legislate," he said.
On the Uniform Civil Code, he said he has no different view than the one expressed in the Directive Principles of the Constitution asking the State to strive for such a code.
"It is already there in the Constitution. The Supreme Court in its judgments has only reminded the government about the directive principle. There is nothing new in it," he said.
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