New Delhi: Talking about the rising incidents of attacks on the judiciary, Chief Justice of India (CJI) N.V. Ramana on Sunday highlighted the need for the law enforcement agencies to deal with them in an effective manner.
The CJI made the remarks while delivering the fifth Late Sri Lavu Venkateswarlu Endowment Lecture.
"In the recent times, physical attacks on judicial officers are on the rise. At times, there are also concerted campaigns in the print and social media against judges if parties do not get a favourable order. These attacks appear to be sponsored and synchronised. The law enforcing agencies, particularly the specialised ones, need to deal with such malicious attacks effectively. It is unfortunate that unless the Court interferes and passes orders, the authorities generally do not proceed with the investigation. The governments are expected and duty bound to create a secure environment so that the judges and judicial officers can function fearlessly," he said.
CJI Ramana also talked about media trials and said that they cannot be guiding factors for deciding the cases.
"Another aspect which affects the fair functioning and independence of judiciary is the rising number of media trials. New media tools have enormous amplifying ability but appear to be incapable of distinguishing between right and wrong, good and bad and the real and fake. Media trials cannot be a guiding factor in deciding cases," he observed.
Explaining the new and persistent challenges for judiciary, the CJI said that the Constitution creates ample space for change as the country moves ahead as a democracy.
Justice Ramana added that the judiciary has to be quick to adapt and be flexible to resolve any challenge that comes its way.
Appreciating the government for appointing several judges, CJI Ramana debunked the claims of judges themselves appointing judges.
"It is nowadays fashionable to reiterate phrases like 'judges are themselves appointing judges'. This is one of the widely propagated myths. The fact is that the judiciary is one of the many players involved in this process. Several authorities are involved, including the Union Law Ministry, State Governments, Governor, High Court Collegia, Intelligence Bureau, and lastly, the topmost executive, who all are designated to examine the suitability of a candidate. I am sad to note that the well-informed also propagate this notion. After all, the narrative suits certain sections."
The CJI further noted that there is no impact assessment or basic scrutiny of constitutionality before passing of legislations.
"The minimal that is expected out of the legislature while drafting laws is that they abide by the settled Constitutional principles. While making laws they must think of providing effective remedies for issues which may arise out of law. But these principles seemingly are being ignored."
Citing the introduction of the Bihar Prohibition Act in 2016, the CJI said that "it resulted in the High Court being clogged with bail applications. Because of this, a simple bail application takes one year to be disposed of."