If you are reading this blog, it means that somewhere in your heart there is a desire to say something about, Judiciary, Supreme Court and High Court.
But you refrain to do so because of fear of Contempt of Court Proceedings against you.
In fact, we have become a Republic of Banana, because we have lost art of criticizing our Institutions without offending them.
Judges often say in meetings with advocates, "Please, Criticize us wherever we are doing something which we should not do. In fact we want to know from you." But even many Seniors Advocates do not know how to criticize Judiciary without committing contempt.
Some Senior Advocates are in very advance age. They often speak contemptuous words in Court Room in front of judges. And they dare Judges to initiate Contempt Proceedings against them. Judge however lets them go because of their old age.
And after coming out from court room, they brag to other advocates about how brave they are! I feel sorry for such advocates.
FOR WHOM THIS ARTICLE IS?
This is for you. Let us forget advocates. You may be a journalist, or a public spirited citizen, or you may be a TV anchor, or a tweeter or Facebook user, or a law student, or you may be a litigant who wants to say something "Not Nice" about judiciary.
Let us see how you can criticize judiciary without falling in Pitfall of Contempt of Court Act.
WHO SHOULD NOT CRITICIZE JUDICIARY AT ALL
1) If you are a litigant in any pending, disposed or about to be filed case, than, please never, never criticize judiciary or any judge. Whatever you may say be considered as an attempt to influence a judge about a case, and will be clearly a contempt of court. It is another thing that looking at your all over condition, the judge may not take contempt proceeding against you. But whatever you say on internet or on print media may be treated as contempt.
I remember a case in Supreme Court being heard by the then Supreme Court Judge Santosh Hegde.
Some film producer had lifted a theme from an author's book. He did not want to give credit or royalty to the author. The author was suing the film producer.
Two days before hearing was to take place, Leading English newspapers carried two page full discussion on various laws and cases laws on the subject. It was an obvious attempt to influence mind of Supreme Court judges.
As soon as the case was called out, Justice Santosh Hegde, a very upright judge, took a very strong exception to pre-hearing publicity stunt by the lawyers. The articles contained detailed discussion of law. Not possible without active guidance of lawyers. It was an obvious contempt of court.
Recently, a Supreme Court Judge, dismissed a PIL filed by an advocate about midnight lathicharge on Baba Ramdev Rally , only on the ground that the advocate had given wide publicity to petition even before the matter was heard.
The moral is do nothing to influence mind of judges anyway if you are likely to have a case in court.
2) Second, If you are a law student or a junior advocate who have just joined Bar, please avoid criticizing judiciary. Allow at least seven years experiences to pass before you say something. Because academic knowledge is different thing. How to apply law and to do justice in this period tremendous stress is a tough task. Judges and lawyers have to go by ,"What is possible to do" rather than "What should be done." Better for you to wait for some years, before trying to judge, Judges and Lawyers.
FIRST PRINCIPLE OF CRITICIZING ANYONE
The first principle I always apply is from GITA. It says, "He who does not displease anyone, nor is displeased by anyone is dear to Me"
I always remember this principle when I want to criticize anyone. It is a very tough task. You have to search for right words to say right thing. But this takes out toxic venom from you mind and also reduces anger.
Let me give a simple example which makes out this point.
If you say to your mother, "Hi, Mother, or Hi Mom". It must be OK. No contempt.
But if you call mother as. "Hi, my father's wife!" It must be contempt.
CONTEMPT IS LESS ABOUT WHAT YOU SAY,
AND MORE ABOUT HOW YOU SAY.
In my view, truth is no defense in Contempt Proceeding. You may be perfectly right in what you are saying about the Judge or the Judiciary. But still you are guilty of contempt if you do not say it in a right and non-offensive way.
What is this non-offensive way to say a Bitter Truth? You may ask.
I cannot define it. No one can define it. You have to judge for yourself whether what you are going to say is likely to offend anyone or not.
PERSONAL ATTACKS ON CONCERNED JUDGE CANNOT BE DONE.
Why not! You will instantly ask.
When you have evidence that a particular judge is corrupt, why you cannot expose him?
These are the questions over which since since last five hundred years, lawyers and judges of all times have pondered seriously. And a view has been taken by wisdom of all years, that such thing should not be done, because a collateral damage is reputation of judiciary which will be so high that the people will loose faith in Judicial system and it will collapse.
This a time tested-wisdom-based conclusion that if you see a corrupt judge, find some legal and permissible way to do it without damaging reputation of entire judiciary. You can initiate legal action if so advised, but to publish your allegation on platforms which are not within legal frame work, is not desirable.
Recently, a high dignitary of Judicial System said publicly, "Do not destroy old structure until you find a better structure".
Our strong Judiciary is our oxygen to live under a very stressful government system. This supply of oxygen should not be punctured.
In next part I will try to give examples of right methods of criticizing judiciary and judges.
I will need to give exact cases of how certain methods of criticizing judges or judiciary is held to be permissible.
I will also need to give case law, that even a litigant or an advocate can start contempt proceedings against the Judge if Judge uses abusive language in court.
I need sometime to compile authentic law.
Continued-----
DISCLAIMER: This is my personal view. This is not a legal advice. This article is for academic and Education purpose. If you do anything on basis of this, you are solely responsible for your action.I am not responsible if you suffer any damages on basis this article.
But you refrain to do so because of fear of Contempt of Court Proceedings against you.
In fact, we have become a Republic of Banana, because we have lost art of criticizing our Institutions without offending them.
Judges often say in meetings with advocates, "Please, Criticize us wherever we are doing something which we should not do. In fact we want to know from you." But even many Seniors Advocates do not know how to criticize Judiciary without committing contempt.
Some Senior Advocates are in very advance age. They often speak contemptuous words in Court Room in front of judges. And they dare Judges to initiate Contempt Proceedings against them. Judge however lets them go because of their old age.
And after coming out from court room, they brag to other advocates about how brave they are! I feel sorry for such advocates.
FOR WHOM THIS ARTICLE IS?
This is for you. Let us forget advocates. You may be a journalist, or a public spirited citizen, or you may be a TV anchor, or a tweeter or Facebook user, or a law student, or you may be a litigant who wants to say something "Not Nice" about judiciary.
Let us see how you can criticize judiciary without falling in Pitfall of Contempt of Court Act.
WHO SHOULD NOT CRITICIZE JUDICIARY AT ALL
1) If you are a litigant in any pending, disposed or about to be filed case, than, please never, never criticize judiciary or any judge. Whatever you may say be considered as an attempt to influence a judge about a case, and will be clearly a contempt of court. It is another thing that looking at your all over condition, the judge may not take contempt proceeding against you. But whatever you say on internet or on print media may be treated as contempt.
I remember a case in Supreme Court being heard by the then Supreme Court Judge Santosh Hegde.
Some film producer had lifted a theme from an author's book. He did not want to give credit or royalty to the author. The author was suing the film producer.
Two days before hearing was to take place, Leading English newspapers carried two page full discussion on various laws and cases laws on the subject. It was an obvious attempt to influence mind of Supreme Court judges.
As soon as the case was called out, Justice Santosh Hegde, a very upright judge, took a very strong exception to pre-hearing publicity stunt by the lawyers. The articles contained detailed discussion of law. Not possible without active guidance of lawyers. It was an obvious contempt of court.
Recently, a Supreme Court Judge, dismissed a PIL filed by an advocate about midnight lathicharge on Baba Ramdev Rally , only on the ground that the advocate had given wide publicity to petition even before the matter was heard.
The moral is do nothing to influence mind of judges anyway if you are likely to have a case in court.
2) Second, If you are a law student or a junior advocate who have just joined Bar, please avoid criticizing judiciary. Allow at least seven years experiences to pass before you say something. Because academic knowledge is different thing. How to apply law and to do justice in this period tremendous stress is a tough task. Judges and lawyers have to go by ,"What is possible to do" rather than "What should be done." Better for you to wait for some years, before trying to judge, Judges and Lawyers.
FIRST PRINCIPLE OF CRITICIZING ANYONE
The first principle I always apply is from GITA. It says, "He who does not displease anyone, nor is displeased by anyone is dear to Me"
I always remember this principle when I want to criticize anyone. It is a very tough task. You have to search for right words to say right thing. But this takes out toxic venom from you mind and also reduces anger.
Let me give a simple example which makes out this point.
If you say to your mother, "Hi, Mother, or Hi Mom". It must be OK. No contempt.
But if you call mother as. "Hi, my father's wife!" It must be contempt.
CONTEMPT IS LESS ABOUT WHAT YOU SAY,
AND MORE ABOUT HOW YOU SAY.
In my view, truth is no defense in Contempt Proceeding. You may be perfectly right in what you are saying about the Judge or the Judiciary. But still you are guilty of contempt if you do not say it in a right and non-offensive way.
What is this non-offensive way to say a Bitter Truth? You may ask.
I cannot define it. No one can define it. You have to judge for yourself whether what you are going to say is likely to offend anyone or not.
PERSONAL ATTACKS ON CONCERNED JUDGE CANNOT BE DONE.
Why not! You will instantly ask.
When you have evidence that a particular judge is corrupt, why you cannot expose him?
These are the questions over which since since last five hundred years, lawyers and judges of all times have pondered seriously. And a view has been taken by wisdom of all years, that such thing should not be done, because a collateral damage is reputation of judiciary which will be so high that the people will loose faith in Judicial system and it will collapse.
This a time tested-wisdom-based conclusion that if you see a corrupt judge, find some legal and permissible way to do it without damaging reputation of entire judiciary. You can initiate legal action if so advised, but to publish your allegation on platforms which are not within legal frame work, is not desirable.
Recently, a high dignitary of Judicial System said publicly, "Do not destroy old structure until you find a better structure".
Our strong Judiciary is our oxygen to live under a very stressful government system. This supply of oxygen should not be punctured.
In next part I will try to give examples of right methods of criticizing judiciary and judges.
I will need to give exact cases of how certain methods of criticizing judges or judiciary is held to be permissible.
I will also need to give case law, that even a litigant or an advocate can start contempt proceedings against the Judge if Judge uses abusive language in court.
I need sometime to compile authentic law.
Continued-----
DISCLAIMER: This is my personal view. This is not a legal advice. This article is for academic and Education purpose. If you do anything on basis of this, you are solely responsible for your action.I am not responsible if you suffer any damages on basis this article.
