The Indian Association of Lawyers (IAL) Kerala Chapter is hosting a webinar on the topic "CHALLENGES BEFORE OUR CONSTITUTIONAL DEMOCRACY".

The meeting will be presided over by RS MP, Binoy Viswam @BinoyViswam1 & Adv Prashant Bhushan @pbhushan1 will deliver the keynote address.

After the welcome address, Binoy Viswam @BinoyViswam1 calls Prashant Bhushan a brave hero of the Indian judicial system & states that the Kerala Bar stands with him.
@pbhushan1

Mr. Bhushan begins his address.
The important tweet was the second one, regarding the role of the last 4 CJIs.
I said When historians look back, they will see that democracy has been largely destroyed in last 6 years & they'll note the role of the last 4 CJIs in that
@pbhushan1

Bhushan- It represented my bona fide views & beliefs of what's happened in the last 6 years & what the role of the SC & CJs had been.
Every citizen in a democracy should be free to express those views without threat of being prosecuted
@pbhushan1

The intention of court in punishing me, with an archaic law, was to silence me & try to silence others like me who wish to freely express themselves regarding functioning of judiciary.
However, due to public outcry, exactly the opposite seems to have happened: Bhushan
@pbhushan1

Instead of chilling the discussion regarding the state of judiciary & role of SC, the judgment sharpened the debate & brought increased focus on what has happened in our democracy over last 6 yrs: Bhushan @pbhushan1

Seeing the articles in the last week assessing Justice Arun Mishra's judicial legacy, you'll understand how the contempt case had the opposite effect.
2 things have happened-
It's brought increased focus on state of democracy & has stiffened resolve to speak out freely
@pbhushan1

Bhushan- when we created the constitution, public was supposed to be masters & public servants were to serve the people. Constitution gave people fundamental rights. The right to life & liberty was expansively interpreted by SC.
@pbhushan1

Main job of SC was to protect fundamental rights & ensure legislature & executive remain within bounds of power given to them by the constitution, not merely to act as an appellate court.
It is to strike down laws & executive action which went against the constitution: Bhushan

SC given the role to order the executive to perform their constitutional duty. These are important roles. To ensure independence of judiciary, the constitution provided that the govt of the day could not do anything to judges, except a cumbersome impeachment process: Bhushan

Bhushan- What we are seeing today even without imposition of formal emergency is far worse than what had ever happened even during emergency. Because today we find all our fundamental rights are under assault by the state.
Right to equality repeatedly assaulted
@pbhushan1

Bhushan- laws made & police coerced to ensure minorities, muslims & dalits don't get equality before the law; to ensure India becomes a Hindu rashtra where Hindus & other religions get preference & muslims reduced to 2nd class citizens
@pbhushan1

Bhushan- there's an assault on all Article 19 rights. Saying anything against Govt leads to being beaten up on streets with police looking on as helpless bystanders, sometimes participating in the meeting.
There's also a Lynch mob, not only on streets but also on social media

Large parts of mainstream media are completely under the power of the govt.
We see sedition law being used against those who speak against them. Now there's also use of contempt law against people like me.
We also see restrictions on right to protest over last 6 months: Bhushan

Bhushan says we also see an ssault to right to life & liberty through Draconian laws like UAPA used to arrest, harrass, intimidate & victimize some of the finest activists in our country.
Refers to Bhima Koregaon as well as Anti-CAA protests. SC has kept pleas against CAA pending

There's an assault on our scientific temper. Govt trying to destroy not just scientific temper but also critical thinking. There's an assault on universities..vice chancellors have been appointed whose only qualification is that they owe allegiance to RSS/BJP - @pbhushan1

The VCs know nothing about education. Scientific temper is being eroded by all kinds of nonsense.
Refers to PM Modi saying Lord Ganesha's trunk was stitched on by plastic surgery. Gives example of PM telling children that there's nothing like climate change: Bhushan @pbhushan1

There is a whole scale assault on every institution created to protect democracy.
Gives example of Independence of judiciary, of the election commission & CAG.
Elaborates on appointment & action of CEC Sunil Arora.
Elections reduced to money game:
@pbhushan1

Wrt elections, Bhushan says having money & control of media gives heavy advantage in the system to the ruling party.
Very unfortunate that media is under control of Govt.
Media spreading false info, hateful info,, hateful fake news & diverting attention from real issues.

Last couple of months we've been seeing many channels going on about the #SushantSingRajputDeathCase as if that's the most important issue in the country. They've spread all kinds of nonsense to paint #RheaChakraborty as some criminal

@pbhushan1

All this is being done to make people lose ability to distinguish what's true what's false & what's a bogus issue. Thus there's a concerted effort to assault critical thinking & scientific temper. Not just by govt, but by media controlled by Govt- Bhushan @pbhushan1

We should have cleaned up the election system.
Alludes to income & expenditure by political parties to highlight advantage of the ruling disposition.
With the idea of demonetization, you should have made at least political party transactions cashless. But you did not
@pbhushan1

Bhushan speaks about electoral bonds allowing black money to be funnelled to parties anonymously.
Govt allowed Corporations to give unlimited contributions to parties & further opened opportunities of foreign fundings/contributions.
Govt did opposite of what was needed to be done

Independence of CAG also destroyed. It was also regarded as an independent constitutional authority to audit govt expenditure, but for the 1st time we've seen CAG drop pricing details of #Rafale deal, because govt didn't want it coming out.
Offset contract details also dropped

Bhushan: The most serious assault has taken taken place on the judiciary.
Refers to his tweet, his reply to the contempt notice on why he believes democracy has been destroyed in the last 6 years & why he believes SC did not perform its role in protecting democracy
@pbhushan1

Bhushan refers to SC not hearing various cases related to Kashmir, the lockdown there, abrogation of Art 370 & Habeas Corpus pleas.
"Been over 9 months, but CAA Petitions not being heard. There's inaction & wherever there is action..."
@pbhushan1

Bhushan speaks about #Ayodhya verdict giving charge to the same people who were found to have demolished the mosque & are being prosecuted.
In Birla-Sahara case, SC says big people need not be investigated on the basis of loose papers?!
@pbhushan1

"But in Bhima Koregaon however, probe can go ahead based on fabricated evidence?!"

Bhushan further talks about #harenpandya case, #JudgeLoya case.

No investigation order because govt gives some bogus info in a sealed cover. Again cites #Rafale to highlight his point

@pbhushan1

"In case after case we have seen SC has failed to protect, failed to order probe in suspicious murders, in important cases concerning corruption in high places...
Many commentators, in the post mortem of Justice Mishra's career, pointed out that many imp cases were given to him"

Successive CJs gave cases just to him. That's why 4 judges held unprecedented press conference when Loya case was given to him.

In virtually every politically sensitive case, it has been pointed out that Justice Mishra went according to what the govt wanted: Bhushan
@pbhushan1

Here was a judge who invited BJP leaders to his residence for his nephew's wedding when Birla Sahara case was pending before him. One of the guests was Shivraj Singh, who was said to have recieved Rs.10 cr according to the recovered Sahara diary: Bhushan
@pbhushan1

Code of conduct for judges says should not hobnob with politicians, unless they're close personal friends. If you invited because he's a close friend, then code also says you shouldn't hear the case.
But Mishra J. heard & said no need for investigation: Bhushan
@pbhushan1

Bhushan- We must examine why independence of judiciary has collapsed in last few years.
One reason is lure of post retirement jobs.
We need to see what Justice Mishra will be given.
So many judges get lured by post retirement jobs
@pbhushan1

We're seeing something more serious than this.
This govt is known to have used investigation agencies to harass opposition, bring media in line with govt like they did with @ndtv or coerce businessmen.

Adani group Govt's favourite company- Bhushan

@pbhushan1

There's a feeling that agencies have been used against judges in order to bring them in line. This is a serious matter!
We must get together & launch a campaign to reclaim our Republic. Our Republic, everything we value is under serious threat : Bhushan

@pbhushan1

Institutions created to protect democracy under serious threat, our fundamental rights are under serious threat.

We must figure out our priorities. A lot of things need to be done.

Need a campaign for the right to employment. GDP down 24%, 10s of crores have lost jobs- Bhushan

Refering to NREGA scheme, Bhushan says it must be extended to all adults in the country.

"If right to live with dignity is a fundamental right, so is the right to employment for 180 days of work at minimum wages".

@pbhushan1

Bhushan- we need judicial reforms to ensure that proper, independent judges are appointed. There's a huge problem in judiciary today about judicial appointments. No system to ensure that judges appointed have values matching with constitutional values

@pbhushan1

Bhushan-There is no transparency in appointments today.

We also need a judicial complaints commission to examine complaints against judges to ensure accountability of the judges.

Impeachment process is impractical.

@pbhushan1