oppn parties Judges Must Refrain From Making Unwarranted Oral Observations

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Judges Must Refrain From Making Unwarranted Oral Observations

By A Special Correspondent
First publised on 2022-07-05 14:02:45

In April 2021, a Supreme Court bench headed by Justice D Y Chandrachud advised all High Court judges against making "off the cuff" remarks during the hearing of cases as they can be damaging to the persons against whom they are made. Given the propensity of judges to make such oral observations during hearings, this was a sane advice from the apex court. But are Supreme Court judges exempt from the same?

In a few recent cases, notably the Nupur Sharma case and the Gujarat riots case, Supreme Court judges have been guilty of the same. In the Nupur Sharma case especially, while denying her relief for clubbing of the cases, the judges on the bench said that "if the conscience of the court is not satisfied, the law can be moulded". In this context, one can give the benefit of the doubt to judges as they can refuse relief despite Article 20(2) and judicial precedent if they do not think the case deserves it. They are within their rights to interpret the provisions of the law as per their reading.

But when the bench castigated Nupur Sharma for what the judges thought was her "loose tongue" which according to them "set the country on fire" (and remember, all this was oral observation) were they not transgressing from the matter at hand? Or was it that having said that the conscience of the court was not satisfied while denying relief to the petitioner, they thought it fit to justify their action?

Whatever the reason, the court's oral observations did bring down the dignity of the judiciary as they showed the bias of the judges. They were pontificating on an alleged crime which was not the subject matter of the case at hand. They simply had to decide whether all cases filed against Nupur Sharma all over India could be clubbed into one case and transferred to Delhi. But in their oral observations, the judges sought to portray her as a dangerous criminal who did not deserve any relief. Was that fair? Was it not against the Supreme Court advice to refrain from making damaging oral observations?

There was huge criticism of the two judges on the bench on social media after which one of the judges, Justice JB Pardiwala, called for stricter control of social media platforms. Now, a group of ex-judges, ex-bureaucrats and other prominent persons have issued an open letter where they have criticized the judges for the oral observations against Nupur Sharma. They have said that the two judges crossed the laxman rekha and their "unfortunate comments" are an "indelible scar on the justice system of the largest democracy". Should not the Supreme Court judges learn to practice what they preach?