New Delhi, Apr 27 (IANS): The Supreme Court on Monday told advocate Prashant Bhushan that it is not hostage to the government and asked him that if he didnt have faith in the institution, why should the court hear him.
A bench headed by Justice N.V. Ramana and comprising Justices Sanjay Kishan Kaul and B.R. Gavai questioned Bhushan, representing petitioners Jagdeep S. Chhokar and advocate Gaurav Jain, that why should the court hear him if he had no faith in the institution. Chhokar is the former director in-charge of IIM Ahmedabad.
Solicitor General Tushar Mehta, during the hearing, drew the court's attention to a recent tweet by Bhushan. Justice Kaul told Bhushan that "every time there is an order where you do not get relief, you insult the institution".
"You cast aspersion on the judges, you don't have any respect for the constitutional bodies. You don't have faith in the judiciary," Kaul said.
Justice Gavai also pulled up Bhushan, saying "if you don't have faith in this institution, why should we hear you at all?"
Bhushan replied that the government's views were being blindly accepted. "I am only expressing my anguish. I feel the Centre's assertions are being believed without verification. The court is accepting whatever the government is stating without verifying," Bhushan submitted before the bench.
Bhushan insisted that the fundamental rights of the migrant workers were not being acknowledged. He submitted before the bench that this institution has been created by the Constitution, and there is violation of fundamental rights of these migrant workers and he is entitled to express discontent.
He added that he could be wrong but a similar opinion has been also expressed by some retired judges. The Solicitor General told Bhushan that he should not be under the impression that he is the only one who is concerned with the enforcement of fundamental rights, as the Centre is very much concerned. He insisted that the Centre is trying to extend all possible help to the migrant workers.
The top court asked the Centre to reply on a plea, which sought directions to authorities to allow migrant workers return to their native places after being tested for coronavirus.
Bhushan said that he is willing to withdraw from the matter, if there is an objection to his representation in the case. The bench replied that it never asked him to withdraw. He insisted that 90 per cent of migrant workers have not received ration or wages, and they should be allowed to return to their homes.
Mehta questioned Bhushan on the validity of the data. He said the Centre is consulting the states on the issue of migrant workers, which includes transportation and all possible help for them.
The bench asked Mehta if the Centre is in consultation with the states and is ready to examine the issue.
Bhushan urged the court to allow inter-state transportation of workers. The bench said it is giving the Centre one week's time to reply on the issue of inter-state transportation of migrant workers.
The top court noted that the Centre has to take necessary action and it is not going to coordinate between the Centre and the states.