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Supreme Court may turn into a dictator: Judge

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Agencies

Posted: Dec 27, 2007 at 0000 hrs IST

Coimbatore, December 27: The ‘weapon of judicial activism’ should be used carefully failing which the Supreme Court could turn into a ‘dictator’, apex court Judge P Sathasivam said.

"Judicial activism was a sharp-edged tool, which had to be used as a scalpel by a skillful surgeon to cure the malady", Sathasivam, said while delivering the 'Arthanareeswara Iyer Memorial Lecture on Judicial Activism,' organised by the Bar Association.

"The Supreme Court's pivotal role in making up for the lethargy of the Legislature and the inefficiency of the executive is commendable. But the law can be dehumanised and the final forensic floor--the Supreme Court--may turn into a dictator", he said.

So "the weapon of judicial activism should be used carefully", he said.

There might be cases where courts have exceeded their jurisdiction, but at the same time judiciary has its own checks and balances, Justice Sathasivam said.

"Judiciary must be free from pressure and interference from any quarter. The Constitution has secured to them, the independence," he added.

During times when the public trust in the legislature and executive had deteriorated judiciary remained the last hope of the people, Justice Sathasivam said.

Supreme Court has successfully interfered in environmental laws, protection of the fragile Coastal Regulation Zone, right of employment for disabled, sexual harassment of women at workplace and public accountability, Justice Sathasivam said.

The greatest asset and strongest weapon in the armoury of judiciary was the confidence it commanded and the faith it inspired in the minds of the people. The real source of strength lied in the public confidence and the judges have to ensure that this confidence was not lost.

"It is the fear of ground swell of public opinion that will prevent the democracy from judicial over-stepping", he added.

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