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Mahesh Jethmalani, AIBA Come Down Hard On 'contemptuous' Kapil Sibal Remark On Judiciary

After former Union Minister for Law & Justice Kapil Sibal's 'no hope from Judiciary' statement, the All India Bar Association (AIBA) issued a statement.

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After former Union Minister for Law & Justice Kapil Sibal's 'no hope from Judiciary' statement, the All India Bar Association (AIBA) issued a statement on Monday. In a video, chairman of AIBA Adish Aggarwala said that the statement was 'contemptuous', adding that the courts decide cases by applying the law on the basis of facts presented before them.

"They owe allegiance to the Constitution of India and no one else. Criminal cases that were instituted by the then-governments as a political witch hunt where detailed investigations have been carried out but failed to disclose any evidence, had to be given a burial. If that has happened, no fault can be given to the judicial system," Aggarwala said.

The AIBA Chairman added, "Courts are not here to deliver judgment to assuage the feelings of a particular community. The robust system is insulated from statements that are infused only by the law."

Also, senior advocate Mahesh Jethmalani reacted, saying that Sibal 'may be speaking for himself or a small group of people'. Expressing his surprise over Sibal's statement, the former member of  Rajya Sabha said, "You should not make a comment on an institution of which you were a part of."

Attacking the Opposition leader, he added, "They are trying to provoke farmers, and there is no provision for a subsidiary. You may have differences but you should hold the institution in very high esteem that is your duty as a lawyer and a member of the Parliament."

'No hope from Judiciary', says Kapil Sibal

Speaking at the People's Tribunal on August 6, Sibal said that he has no hope left in the institution. At the event on "Judicial Rollback of Civil Liberties" by the Campaign for Judicial Accountability and Reforms (CJAR), People's Union for Civil Liberties (PUCL) and the National Alliance of People's movements (NAPM), the MP weighed in on the top court's recent judgement upholding the Enforcement Directorate's (ED) power to arrest individuals under the Prevention of Money Laundering Act (PMLA).

The Parliamentarian asked, "They say you won't get bail until you can prove your innocence. And this law, the Supreme Court has said is correct. If the Supreme Court says this law is correct, then how much faith can you have in the institution? What confidence will you have in a system when laws of this nature are upheld by the Supreme Court?" He also went on to claim that the ED had 'crossed the lines of individual liberty.' 

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