Sunday, August 16, 2020

Muzzle Law of Poland: An attack on the Independence of Judiciary

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Syed Ahmed Uzair

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Muzzle Law of Poland: An attack on the Independence of Judiciary

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Global Views 360

Publication Date

August 16, 2020

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Andrzej Duda, the President of Poland

Andrzej Duda, the President of Poland | Source: Wojciech Grabowski via Wikimedia

On February 4, 2020 the president of Poland, Andrzej Duda signed a law that prohibits the country’s judiciary to question the appointment of judges by the President and bars them from being involved in political activities. The law also prohibits judges to seek guidance from the EU Court of Justice on appointments by the National Council of Judiciary (NCJ) of Poland.

Supreme court President Malgorzata Gersdorf | Source: Adrian Grycuk via Wikimedia

Opposition parties condemned the law and Supreme Court president Malgorzata Gersdorf termed it as “Muzzle Law”.

In December 2019, the Sejm, the lower house of the Polish parliament passed the bill that would penalize judges who criticize the judicial reforms of the ruling Law and Justice party. It was sent back by the upper house for further discussion and a vote. However Sejm, using its superior power, enacted the bill, which the president signed on February 4, 2020, making it a law in the country.

The SC of Poland had earlier ruled on December 5, 2019 that the NCJ is not an independent body. Again on January 23, 2020 the SC in a ruling termed the appointment of the judges by the NCJ as illegal stating their apprehension that they may not be free from political influence. The Justice Ministry, quite predictably termed the SC verdict as a “serious violation of the law”.

people rallying on road near buildings
Protests against Poland’s judicial reform | Source: Külli Kittus via Unsplash

The law has drawn criticism from lawmakers as well as legal scholars across Europe and the European Union. On 11th January 2020, hundreds of judges from across Europe marched in Warsaw to protest against the enacting of the controversial law. Thousands of lawyers and residents joined in with many waving Polish and EU flags as they marched from the SC to the parliament. "We have come here to support the Polish judges but we are not politicians. We are here about the rule of law, not about politics." John MacMenamin, an Irish Supreme Court judge, told reporters.

In February 2020, a group of 44 ICJ Commissioners and Honorary Members along with senior judges, lawyers and legal scholars from across the world released a statement in which they said, “it is clear that the separation of powers, the independence of the judiciary, and the capacity of Polish judges to uphold the rule of law are now severely compromised. Judges’ freedom of expression, association and assembly are under immediate threat.”

Ever since it came to power in 2015, The Law and Justice Party of Poland, has been working towards dismantling the independence of the judiciary, terming it  judicial reforms. There has been opposition to these actions by the opposition parties, judicial bodies as well as European Union.

EU flags at the European Commission Berlaymont building Brussels, Belgium | Source: Guillaume Périgois via Unsplash

Late in 2017, the European Union had initiated what it called “unprecedented proceedings” against Poland. The move was a response to the worrying reforms in the judiciary that were being enforced by the government. The EU had stated back then that these “systematic threats” could see Poland losing its EU voting rights.

On 29th April, 2020, The EU started a new legal case against the nationalist Polish government in response to the adoption of the “muzzle law”. The EU further added that it was giving Poland two months to address the issues pertaining to the law. “This is a European issue because Polish courts apply European law. Judges from other countries must trust that Polish judges act independently. This mutual trust is the foundation of our single market,” said Vera Jourova, the Czech member of the executive Commission who is responsible for upholding the EU’s democratic values at a news conference.

A few European legal scholars have warned that the developments in Poland are a threat to the entire legal system of the EU. Despite all the criticism and pressure from the EU, the Polish government is yet to respond meaningfully to the growing concerns over the assault on Poland’s judicial system and its potential EU exit.

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February 4, 2021 5:16 PM

Bhagat Singh: The Man, The Life, And The Beliefs

Bhagat Singh is one of the ‘big names’ immortalised in the history of India’s freedom struggle and eternally cherished even after almost ninety years of his martyrdom. What makes him stand out is his popularity among the masses being almost on par with the likes of Mahatma Gandhi and Jawaharlal Nehru, despite his beliefs and actions being diametrically opposite to theirs.

Of the freedom fighters who remain mainstream in today’s India— a crowd predominantly made up of politicians with center or right of centre leanings, Bhagat Singh occupies a relatively lonely spot as a young, staunchly left-wing revolutionary who outrightly rejected Gandhi’s philosophy, and preferred direct action over politics.

Newspaper headline after Central Legislative Assembly non-lethal bombing

Bhagat Singh is most commonly and widely remembered in association with an incident where he, along with his friend and comrade B.K. Dutt dropped non-lethal smoke bombs into the Central Legislative Assembly from its balcony in 1929. They also scattered leaflets by the Hindustan Socialist Republican Association (HSRA), which he was a major part of and was aided by in orchestrating the bombings. He is said to have been inspired by French anarchist Auguste Vaillant, who had bombed the Chamber of Deputies in Paris in 1893.

The bombing gathered widespread negative reaction due to the use of violence, especially from those who supported the Gandhian method. While Bhagat Singh and the HSRA wanted to protest exploitative legislatures such as the Public Safety Act and the Trades Disputes Bill, it is also widely accepted that they additionally intended to use the drama and public attention of the ensuing trial to garner attention to socialist and communist causes. Bhagat Singh and Dutt did not escape under the cover of panic and smoke despite the former carrying a pistol, and waited for the police to find and arrest them. During the trial Bhagat Singh frequently chanted a variety of slogans, such as ‘Inquilab Zindabad,’ which is even today often raised in protests across India.  

March 25th Newspaper carrying the news about execution of Bhagat Singh | Source: Tribune India

However, this was not the trial that ended in Bhagat Singh receiving his execution sentence. Before the Assembly bombings, Bhagat Singh had been involved in the shooting of police officer John Saunders, in connection to the death of freedom fighter Lala Lajpat Rai. At that time he and his associates had escaped, but after Bhagat Singh was awarded a life sentence for the Assembly bombing, a series of investigations led to his rearrest as part of the Saunders murder case. It was this trial— generally regarded as unjust— that led to his much protested execution sentence.

Bhagat Singh was hanged to death on the eve of March 23rd, 1931 and he was just twenty-three years old.

Despite the criticism he received for his actions, his execution sentence was widely opposed and many attempts were made to challenge it. In fact, his execution came on the eve of the Congress party’s annual convention, as protests against it worsened. He was memorialised nationwide as a martyr, and is often addressed with the honorific Shaheed-e-Azam Bhagat Singh.

Apart from being a socialist, Bhagat Singh was attracted to communist and anarchist causes as well. In ‘To Young Political Workers,’ his last testament before his death, he called for a “socialist order” and a reconstruction of society on a “new, i.e, Marxist basis.” He considered the government “a weapon in the hand of the ruling class”, which is reflected in his belief that Gandhian philosophy only meant the “replacement of one set of exploiters for another.” Additionally, he wrote a series of articles on anarchism, wanting to fight against mainstream miscontrusions of the word and explain his interest in anarchist ideology.

Bipin Chandra, who wrote the introduction to Why I am an Atheist by Bhagat Singh | Source: Wikimedia

While writing the introduction to Bhagat Singh’s remarkable essay Why I am an Atheist in 1979, Late Bipan Chandra described the Marxist leaning of Bhagat Singh and his associates in the following way;

Bhagat Singh was not only one of India’s greatest freedom fighters and revolutionary socialists, but also one of its early Marxist thinkers and ideologues. Unfortunately, this last aspect is relatively unknown with the result that all sorts of reactionaries, obscurantists and communalists have been wrongly and dishonestly trying to utilise for their own politics and ideologies the name and fame of Bhagat Singh and his comrades such as Chandra Shekhar Azad.”

Bhagat Singh is often admired and celebrated for his dedication to the cause of liberation. However his socialist, communist and anarchist beliefs were suppressed by the successive governments in Independent India. This in a way is the suppression of a revolutionary who has the potential to inspire, unite and motivate the growing population of a spectrum of activists all over India, in direct response to the fast-spreading divisiveness and intolerance in the country, often patronised by the groups and organizations professing the right-wing fascist ideology.

Bhagat Singh’s dreams of a new social order live on, not just in his writings, but also reflected in the hearts of every activist, protester, and dissenting citizen. The fight for freedom, revolution, Inquilab, may have changed in meaning, but it is far from over.

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