देश
‘Can’t Call Any Part Of India Pakistan’: SC Closes Proceedings Against Karnataka HC Judge After His Apology
A special five judge bench of the Supreme Court on Wednesday closed the suo motu proceedings against the objectionable remarks made by the Karnataka High Court judge Justice V Srishananda after taking note of his apology. However, the top court expressed serious concern over the remarks made by the high court judge and refused to curb social media comments on the same.
CJI Chandrachud said that no one can call any part of India as Pakistan and it is fundamentally against the territorial integrity of the nation.
“The answer to sunlight is more sunlight and not to suppress what happens in court. The answer is not to close it down,” CJI said when a counsel pointed out to social media trolling.
A bench headed by CJI DY Chandrachud closed the suo motu proceedings initiated against the judge of the Karnataka High Court saying we would consider it in the interest of justice and dignity of the institution to not pursue these proceedings further.
“Bearing in mind the apology rendered by the judge in open court proceedings, we consider it in the interest of justice and dignity of institution to continue the proceedings further. However before closing, it is needed for this court to make some observations…We desisted from issuing notice to the HC judge in interest of judicial dignity,” the court said.
Recently, two video clips of Justice V Srishananda of the Karnataka High Court went viral on social media, in which he was seen making objectionable remarks where he called one territory a Pakistan. The Supreme Court had directed the Registrar General of the High Court to submit a report, after seeking administrative directions from the Chief Justice of high court.
The top court observed that casual observations may indicate to personal biases especially when perceived to be directed at a certain gender or community.
“Thus one must be wary of making patriarchal or misogynistic comment. We express our serious concern about observations on a certain gender or a community and such observations are liable to be construed in a negative light. We hope and trust that responsibilities entrusted on all stakeholders are discharged without bias and caution.”
The court further observed that the prevalence and reach of the social media has included wide reporting of court proceedings.
“Most High courts in the country have now adopted rules of livestreaming or conduct of video conferencing which emerged as a need during covid pandemic and it became important outreach facility for court to mete out access to justice. All parties , judges, lawyers, litigants must be aware that proceedings reach audiences who are well beyond physical precints of the court and thus all must be aware of wider impact of observations on community at large.”
The court further added that as judges we are conscious of the fact that each individual has a set of predispositions based on early or later experiences of life. It is important that judge is aware of their own predispositions and heart and soul of a judge is when they are impartial and only then we can deliver objective and fair justice. It is important for all stakeholder to understand that only values which must guide judicial decision making are the ones in the constitution.
