Supreme Court: ‘Judging is not about facts’

India’s Supreme Court on Thursday said it was “not about facts” in deciding whether a case could proceed.

The apex court’s decision on whether a Delhi-based judge can proceed against a prominent lawyer for allegedly defaming her in a defamation case is a major setback for Prime Minister Narendra Modi, who had sought the judgement.

It means that the judge, who was appointed to a Delhi high court by Modi, is facing legal action in the high court over her decision to take legal action against the lawyer for defaming the judge.

The judges decision, the highest court in the country, is a setback for the government of Modi who had argued that the Supreme Court should be impartial.

The government’s argument that it was a matter of justice has also been dismissed by the Supreme Courts own judges.

The court had rejected a plea by Modi’s government in October that the case be heard by a different judge, the Delhi high bench, since it had been brought up before the same judge by a previous trial judge.

The two judges had disagreed over the nature of the charge, which was based on a report that said the lawyer had been the target of harassment by her former boss in the Delhi police.

The Delhi high-court had also rejected a defence bid by the government to have the case heard by an independent bench.

The government had also asked for a new trial of the judge in the matter.

The case has been a hot topic in India since the police, who were accused of beating up lawyers and activists during the 2014 Delhi assembly elections, were found to have rigged the election results.

Modi, who is widely perceived to be in favour of the judiciary, had campaigned against corruption in politics and for an independent judiciary.

“It is an insult to the judiciary to decide in a matter that does not concern you,” the Prime Minister said.

He also asked the court to “dismiss” the case against the woman, who has been named in a police report as a “victim of crime”.

The judges ruling comes just a day after the Delhi High Court said it would not be influenced by the high-profile case against a former senior police officer, Ramesh, who faces charges of raping a woman and sexually assaulting another in a court in March this year.

The Supreme Court has already issued orders against two other high court judges, Dipak Misra and Satish Chandra, who are also accused of raping the victim and sexually abusing another in different cases.

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