Justice VM Tarkunde refused to stoop to powers that be, set stage for India's tradition of civil liberties: CJI DY Chandrachud

Late Justice VM Tarkunde was someone who frequently challenged established wisdom and refused to stoop to the powers that be, Chief Justice of India (CJI) DY Chandrachud said on Friday..He set the stage for India's deep traditions of civil liberties and activism by establishing civil liberties organisation called the People's Union for Civil Liberties (PUCL) during the national emergency, the CJI said."In 1974, in collaboration with Jayprakash Narayan, Justice Tarkunde started an organisation called Citizens for Democracy to defend and strengthen democracy in India. In 1975 and 1976 during the period of the Emergency, he formed one of India's oldest civil liberties organisation called the People's Union for Civil Liberties (PUCL), setting the stage for India's deep traditions of civil liberties and activism that continues to date," the CJI recountedFurther, the CJI highlighted that during the Emergency in 1975-76, Justice Tarkunde defended civil liberties in India by taking up cases related to punitive detentions, jail conditions and freedom of the press.The CJI was delivering the 14th Justice VM Tarkunde Memorial lecture on the theme 'Upholding Civil Liberties in the Digital Age: Privacy, Surveillance and Free Speech'.The CJI said that in addition to his legal acumen, Justice Tarkunde was also an 'iconoclast', as defined by the late Prof. Shamnad Basheer."In addition to his legal acumen, Justice Tarkunde was an iconoclast, if I should call him that, in the true sense of the term. Prof Shamnad Basheer, himself an illustrious scholar who was an ardent advocate of privacy and digital rights, the theme of todays lecture, described the term iconoclasm as a streak that challenges that established wisdom time and again. A streak that refuses to stoop to the powers that be. A streak that thinks nothing of being attacked for attacking cherished belief. Throughout his life , Justice Tarkunde challenged established wisdom through his professional career and refused to stoop to the metaphorical powers that be," the CJI said..He also recounted personal experiences of interacting with and briefing Justice Tarkunde during his early years as a lawyer. "His dedication to civil liberties inspired me as a young lawyer and continues to inspire me as I serve as a judge of a constitutional court today," he said.Recalling a specific instance when he briefed Justice Tarkunde in a case regarding the right of pavement hawkers in New Delhi to carry out their occupation, the CJI recounted that Justice Tarkunde responded to his brief on relevant rules and statutes by saying, "No no, in a matter like this, you must look at the social purpose of the law. We will read the law and the statute later but let is understand the purpose of the law in regulating the rights of pavement dwellers and pavement hawkers.".Justice Tarkunde's legal acumen, foresight and ability to contextualize legal issues within broader social frameworks were also highlighted by CJI Chandrachud. His commitment to democracy, radical humanism and liberty remained steadfast throughout his roles as a senior advocate, High Court judge and activist, the CJI stated.