'Can't Call Any Part Of India Pakistan': SC Closes Proceedings Against Karnataka HC Judge After His Apology
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.
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 DY 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 social media comments on the viral video clips.
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 not continue the proceedings further. However before closing, it is needed for this court to make some observations...We desisted from issuing notice to the High Court 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 one video, the judge had termed a Muslim-majority sub-locality in West Bengaluru as "Pakistan." In another viral video clip he was seen reprimanding a lady advocate appearing before him for responding to a question addressed to another counsel, after which he made a remark that she might even reveal the color of the other person's undergarments.
After the video clips went viral, 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 the high court.
The top court today expressed serious concern over the remarks by the judge and observed that casual observations may indicate personal biases especially when perceived to be directed at a certain gender or community.
"Thus one must be wary of making patriarchal or misogynistic comments. 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 top court observed.
The court further observed that the prevalence and reach of social media has included wide reporting of court proceedings.
The court said that 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 an important outreach facility for courts to mete out access to justice. All parties, judges, lawyers, litigants must be aware that proceedings reach audiences who are well beyond physical precincts of the court and thus all must be aware of wider impact of observations on community at large, the top court added.
The court further said 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. However it is important that a judge is aware of their own predispositions so that they can remain impartial and can deliver objective and fair justice, the court said.
"It is important for all stakeholders to understand that only values which must guide judicial decision making are the ones in the constitution." the top court observed while expressing serious concern over the remarks by the high court judge.
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