Distrusting a system is not a problem at all, it is a sure sign of democratic progress: Former Orissa HC Chief Justice S. Muralidhar

S. Muralidhar, the former Chief Justice of the Orissa High Court, and a leading advocate for the Palestinian cause, recently engaged in a discussion with Sarath Babu George about various pressing issues. The conversation touched upon international humanitarian law, India's stance on Palestine, the accountability of powerful states, judicial independence, and civil liberties.

Muralidhar emphasized that India's relationship with Israel must be guided by the principles of international humanitarian law. He firmly stated that India should not be perceived as a country that tolerates the suffering of children due to starvation or lack of medical aid. India's support for the Palestinian cause should be accompanied by strong condemnation of any actions that violate international law.

When asked about the efficacy of international institutions in restraining powerful states, Muralidhar expressed concern over the challenges faced by the International Criminal Court, particularly due to the US-imposed sanctions on its judges. He stressed the importance of these institutions remaining truly independent and free from political pressure. Muralidhar believes that countries like India, as well as nations in Africa and South America, must have such mechanisms to hold governments and individuals accountable.

Regarding the Indian judiciary, Muralidhar noted that there has not been a significant decline in trust but rather a mixed record. He highlighted that while the judiciary continues to receive cases, there is an increasing number of filings due to the criminalization of ordinary activities. However, Muralidhar also pointed out that the judiciary's independence remains uneven across different levels, with the district judiciary being less independent than the higher courts.

He urged the judiciary to be more assertive when appointing judges to High Courts and the Supreme Court and to address cases involving government actions more promptly.