Three Reasons/ Safeguards on why you should not fear discussing your court perceptions:
1) If you are
a) not discussing your own case to take an indirect shot at judge who decided your case or who is deciding your case,
b) if you are not attributing any motive of bribe or impartiality to any judge, then you need not fear fair discussion about judicial system.
2) If the overall impression of your discussion is not for weakening judicial system, but it is truly intended to strengthen or improve judicial system, then you do not fear fair discussion about judicial system.
3) If what you have discussed is offensive to judicial system, only two type of persons can start contempt proceeding
a) The Court which may have been feeling hurt by what you have discussed
b) All other persons who may be feeling hurt, may have to first Apply to Advocate General or Attorney General for permission to file contempt proceedings.
They will grant permission only if the matter is very serious. They will ignore trivial issues and will refuse permission. This protects fair criticism.
CAUTION : This is, as per my understanding, my view. Discuss Judicial system but do it like a responsible citizen. Do not do to Judges what you do not want them to do to you. If you hurt them, then expect to be hurt.
Otherwise, fair criticism and informed (do not judge system on basis of gossips) of general system is not discouraged by judges.
A former CJI said, Sun light is the best disinfectant for judiciary.
Haresh Raichura
3/10/14
