On 30 July 2016, a special fast track court delivered its judgment in State v Mahmood Farooqui. The following weeks have witnessed the emergence of a carefully constructed narrative of “one of us” at the receiving end of harsh rape laws for a crime he did not “quite” commit. It has been argued that forced oral sex is less grave than penile sex. It has also been argued that rape by a known person is less grave than rape by a stranger. Such distinctions are best avoided.
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It is true that the collegium system has several flaws, primarily in the lack of transparency in judicial appointments resulting in closed door appointments through a perverse exploitation of the kinship cycle of a dynastic legal profession. However, removing the collegium with a commission with disproportionate power to the CJI hits at the heart of judicial independence and is an excellent example of throwing the baby out with the bath water.
In the making of an Orwellian State, due importance must be given to snooping. The Draft National Encryption Policy which was floated by the Department of Electronics and Information Technology couche...