The country’s two top judges
— CJI S A Bobde & next in line Justice N V Ramana — on Saturday said
judges are often soft targets of vituperative criticism in social media as they
are trained to exercise restraint & don't have recourse to unbridled free
speech like their critics.
Speaking at the release of Justice
R Banumathi’s book, Chief Justice of India Bobde said
constitutional limitations on free speech restrains judges, as it should
others, from speaking whatever they feel. But Justice Ramana, who will succeed
Bobde as CJI next year, did the plain speaking — “As judges are self-restrained
from speaking out in their own defence, they are now being construed as soft
targets for criticism.”
Ramana said the proliferation &
popularity of social media has further complicated the issue as “judges are
becoming victims of juicy gossip & slanderous social-media posts. I
believe, judgeship in the present day requires sacrifices unparalleled in any
other profession, & the same is required to be made as the country’s future
is dependent on strong, independent judges.”
This is the 2nd time
in recent weeks that the Chief Justice of India has expressed his
misgivings over judges being targeted. Speaking in court he had noted that
allegations often surface when judges are being considered for elevation. The
case before the court dealt with a district judge from Madhya
Pradesh facing allegations of sexual harassment that dragged on.
Justice Banumathi, who retired
recently from the Supreme Court after a 32-year-long career that spanned from
trial courts to the top court, narrated her experience as a judge in the book
‘Judiciary, Judges & the Administration of Justice’ in four parts —
Judiciary as a collective institution, insights about being a judge, measures
taken by the Centre for the implementation of e-courts, & shift from
traditional methods of case management.
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Ramana said the public has a
misconception about a judge’s life, that it is one of luxury lived in ivory
towers. “The reality is quite different & it is difficult for others to
comprehend. Best judges of the same are the family members, who are usually torn
between restraints & relationships. Judges have to balance their social
life in order to be independent. It is completely upon the judge to maintain
such self-imposed restrictions.”
Bobde said, “A judge is called upon
to play a whole range of roles including that of arbiter, mediator, counsellor,
sociologist, etc; & in the midst of all this adjudicate disputes presented
to him in a manner cognisant of constitutional aspirations & social
realities.”
The Chief Justice of India
said, “The judicial mind has to take into account several barriers &
divisions existing in society, which are reflected in the cases that come to
Court. While the judicial mind must acknowledge the existence of these social
divisions & barriers, it can't be swayed by these prejudices & add its
own prejudice to the issue.”
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CJI said that to command
public respect, the judges should maintain dignified conduct & aloofness.
“Judicial service isn't merely an employment nor the judges are employees of
the govt. They are the holders of public trust & responsibility,” he said.
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