Tuesday, January 27, 2009

Right against terror

In this lucidly written piece, Abhinav Chandrachud, perhaps nurtures undue expectation from Soli Sorabjee's writ petition in the Supreme Court against terror.(W.P.[c]591 of 2008). His view that the outcome of this case will influence the fate of judicial activism and constitutional legitimacy in the coming decades, is perhaps a bit far-fetched. The comments our earlier post on this attracted show that the petition was a contradiction in terms, as the petitioner himself has been a critique of judicial activism in similar matters. Having read three recent books - one comparative, another empirical and the third theoretical - all pointing to the fallacy of the thesis that Supreme Court is seeking an activist role for itself, I am unable to share the author's rather exaggerated view of likely intervention by the Court in this matter. The next date of hearing of 'right against terror' case in the Court is on Feb.2.
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