The apex bar body, in a resolution adopted during a meeting, termed the letter written by CPI(M) politburo member Brinda Karat to Chief Justice of India (CJI) Bobde as a “malicious attack” on the judiciary and said the freedom of speech and expression cannot be stretched to the extent of “maligning and weakening” the institution.
On Wednesday, an apex court official had said that the query of a three-judge bench, headed by the CJI, asking a rape accused whether he would marry the victim was based on ‘judicial records’ containing an undertaking of the man that he would marry the minor girl, a relative, after she attains 18 years of age.
The remarks by the CJI headed bench came on Monday during the hearing of a plea of the accused, who had challenged the cancellation of his anticipatory bail by the Bombay High Court‘s Aurangabad bench.
The official had also termed the criticism by social and political activists as unfair, and referred to the judicial records of the case.
However, the remarks invited sharp reactions with Karat writing to the CJI and urging him to withdraw his remarks by saying courts should not give an impression of supporting such “retrograde” approaches.*
Several women’s rights activists, eminent citizens, intellectuals, writers and artistes had also written an open letter to the CJI demanding an apology and retraction of his remarks.
The Bar Council of India (BCI), through its chairperson Manan Kumar Mishra, said that it decries the practice of political and social activists making comments without appreciating the factual background of the case leading to queries by benches during proceedings.
“Please don’t try to scandalise the institution, don’t take political mileage from court proceedings of the highest judiciary; the country will not forgive you. India is a vast country, so, the signature move of a few hundreds of persons is meaningless and worthless,” the resolution said.
“In the recent past, we have seen development of a new trend with regard to reaction of some people against comments and observations of Supreme Court judges in the course of judicial proceedings even when such comments are not part of judicial orders,” the BCI said.
The bar council it its resolution also mentioned that a handful of politicians and some “so-called” social activists are feeling elevated by criticising and making reckless comments against judges through social media and print media.
“In our opinion, such attempts are direct attack on the independence of the judiciary. It has become a fashion for some motivated people to make personal aspersions against our judges. If this trend is allowed to continue, the institution will lose its sanctity,” it said.
The resolution said writing letters to the CJI or any judge and making such communication public through media are “acts of gross contempt”.
“We deprecate such actions of Ms. Brinda Karat and similar acts of chief minister of Andhra Pradesh against the senior-most judge of the Supreme Court,” it said.
The resolution said every comment of a apex court judge is being projected in such a manner as if the judge has committed some offence by making the comment in the court.
“Why any comment (which is not a part of a judicial order or judgment) should be allowed to be made a subject for attacking the judges/institution without any basis? Comments made by the Judges, not resulting in their orders, have no legal sanctity, why then to raise a hue and cry on such comments,” it said.
The BCI also referred to the facts of cases in which queries, which later invited criticism, were posed by the apex court.
“Unfortunately, some motivated people with a specific agenda are deliberately concealing the net result of this case…, as if the court has granted some substantial relief to the accused,” it said.
