His straight drive is making headlines again. When Supreme Court Justice Dipankar Datta used a cricket analogy on Wednesday to question the 2023 law on the process for appointment of Election Commissioners, he was drawing on a game he still plays, with some brisk innings and big hits to his name.
Eggs have been thrown at TMC leaders aligned with Mamata Banerjee by protesters and BJP supporters ever since the TMC lost the Bengal polls in May. On Wednesday, he focused on the umpire; or in this case, the commissioners who referee elections in the world’s largest democracy. Justice Datta and Justice Satish Chandra Sharma delivered a split opinion on whether challenges to a law governing the appointments of the Chief Election Commissioner and other Election Commissioners should go to a Constitution Bench. They eventually left that to the Chief Justice. Under the law, the selection committee comprises the Prime Minister and a minister nominated by the Prime Minister, besides the Leader of Opposition (Lok Sabha). The law replaced the CJI, who was placed on the panel by the court as a neutral party, with the nominated minister. Our freedom fighters took bullets on their chests.
In his opinion, Justice Datta said that if the batting team gets to select the umpire, questions about the umpire’s neutrality would inevitably remain. Even if the umpire gives the correct decision, there will always be a shadow of doubt over his impartiality, he said. Justice Datta said the minister is unlikely to disagree with the PM, which renders the LP’s role “ornamental” as the government would always have a 2-1 majority.
His remarks from the bench drew attention recently also when, hearing Trinamool Congress MP Mahua Moitra’s plea to appear virtually before the West Bengal Police, Justice Datta asked, “Are you afraid of eggs?
