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On July 23, 2022, Chief Justice of India NV Ramana delivered an inaugural lecture instituted in the memory of Justice Satya Brata Sinha at the National University of Study & Research in Law, Ranchi and urged the media including the electronic and social media, to behave responsibly and not to overstep their limits to avoid interference from the courts or the government, reported LiveLaw.
He expressed concern over “media running kangaroo courts”, “concerted campaigns” and “ill-informed and agenda driven debates” on issues related to cases before Courts.
With respect to the ‘life of a judge’, he said, “Doing justice is not an easy responsibility. It is becoming increasingly challenging with each passing day. At times, there are also concerted campaigns in media, particularly on social media against judges. 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 the right and the wrong, the good and the bad, and the real and the fake. Media trials cannot be a guiding factor in deciding cases.”
He further said, “Of late, we see the media running kangaroo courts, at times on issues even experienced judges find difficult to decide. Ill-informed and agenda-driven debates on issues involving justice delivery are proving to be detrimental to the health of democracy. Biased views being propagated by media are affecting the people, weakening democracy, and harming the system. In this process, justice delivery gets adversely affected. By overstepping and breaching your responsibility, you are taking our democracy two steps backwards. Print media still has certain degree of accountability. Whereas, electronic media has zero accountability as what it shows vanishes into thin air. Still worse is social media.”
CJI’s recommendations
1. Stricter media regulations and accountability
He stated, “You should not overstep and invite interference, either from the government or from the courts. Judges may not react immediately. Please don’t mistake it to be a weakness or helplessness. When liberties are exercised responsibly, within their domains, there will be no necessity of placing reasonable or proportionate external restrictions. I urge upon the media, particularly the electronic and social media, to behave responsibly.”
2. Strengthen the judiciary and empower judges
Addressing the increasing number of physical attacks on judges he stated, “Can you imagine, a judge who has served on the bench for decades, putting hardened criminals behind the bar, once he retires, loses all the protection that came with the tenure? Judges have to live in the same society as the people that they have convicted, without any security or assurance of safety. Politicians, bureaucrats, police officers and other public representatives are often provided with security even after their retirement owing to the sensitiveness of their jobs. Ironically, judges are not extended similar protection.”
3. Judicial review of legislative and executive actions
He said, “Judiciary is the organ which breathes life into the Constitution. Judicial review of legislative and executive actions is an integral part of the Constitutional scheme… it is the heart and soul of the Indian Constitution. One gets to hear that judges, being unelected, should not get into legislative and executive arenas. But this ignores the Constitutional responsibilities that is placed on the judiciary.”
4. Prioritising matters for adjudication
According to the CJI, the judiciary must prioritise the matters for adjudication as judges cannot turn a blind eye to social realities. He said, “I shall not fail to place on record my worries about the future of judiciary in this country… The burden on an already fragile judicial infrastructure is increasing by the day. There have been a few knee-jerk reactions in augmenting infrastructure in a few places. However, I haven’t heard of any concrete plan to equip the judiciary to meet the challenges of the foreseeable future, leave alone, a long-term vision for the century and ahead.”
He further suggested a multi-disciplinary study where scientific methods can be used to equip the judiciary for the future.
It is important to note the recent incident where Justice Pardiwala was targeted on social media following the decision in the Nupur Sharma case. Social and digital media is primarily resorted to expressing personalised opinions more against the judges, rather than a constructive critical appraisal of their judgments. This is what is harming the judicial institution and lowering its dignity.”
Copy of the speech maybe read here:
On Saturday, July 16, 2022, the Chief Justice, who is set to retire next month, delivered an address at the 18th All India Legal Service Authorities Meet at Jaipur and laid emphasis on hasty indiscriminate arrests and difficulty in obtaining bail, reported LiveLaw. According to him, the process which led to prolonged incarceration of undertrials needed urgent attention.
“In our criminal justice system, the process is the punishment. From hasty indiscriminate arrests, to difficulty in obtaining bail, the process leading to the prolonged incarceration of undertrials needs urgent attention,” the CJI reportedly said.
CJI Ramana who was speaking at the two-day conference organised by the National Legal Services Authority (NALSA), further said, “We need a holistic plan of action, to increase the efficiency of the administration of criminal justice. Training and sensitization of the police and modernization of the prison system is one facet of improving the administration of criminal justice. NALSA and legal service authorities need to focus on the above issues to determine how best they can help.”
He went on to express his concern at ‘political opposition translating into hostility and the quality of legislative performance’, reported NDTV.
He reportedly said, “Political opposition should not translate into hostility, which we have been sadly witnessing these days. These are not signs of a healthy democracy. There used to be mutual respect between the government and opposition. Unfortunately, space for opposition is diminishing. Sadly, the country is witnessing a decline in the quality of legislative performance as laws are being passed without detailed deliberations and scrutiny.”
Related:
Democracy can never be a police state: Supreme Court
Free legal aid must mean quality service: SC Justice UU Lalit
Preventive Detention: Two judgements, two contrasting views, one judge