Pained At Seeing Clips Of Undignified Conduct By Judges : Supreme Court Justice NV Anjaria

Speaking at the annual conference of district judges in Gujarat on Saturday (April 4), Supreme Court Justice NV Anjaria said that he felt "pained" on watching video clips of the conduct of certain judicial officers in court, and urged them to "maintain their dignity and decorum" in the courtroom.

Justice Anjaria was speaking at the inaugural session of a 2-day Annual Conference of Judges of the District Judiciary on the theme “Re-shaping Dispensation of Justice – Transcending the Narratives” organized by the High Court in collaboration with the Gujarat State Judicial Academy (GSJA). Supreme Court Justice Vikram Nath was the Chief Guest at the event. 

Justice Anjaria said that while a courtroom is a cultured place, litigated disputes often arise in most uncultured ways. 

"Court proceedings provide a civilised platform for the resolution of such disputes. And therefore it is imperative that a Presiding Officer of a courtroom must exhibit a scientific conduct and orderly behaviour. How to handle an arguing lawyer, how to converse with an officer present in court; how to deal with a party in person, and how to address an impatient litigant who may be there to argue his own case. All are material aspects in justice delivery process," he said. 

Maintain decorum and dignity

He said that while justice is, in itself, a dignified outcome, the process of delivering justice must also remain dignified.

"In this context, the dais discipline and dais mannerisms are very important. Complaints come and often come pouring that this judicial officer is not sitting on time, leaving court early. And and even when he sits on the dais, he gives a complete rest to his eyelids and mind. A judge has to be accessible on dais, in time, with presence of mind. Otherwise how would justice become accessible if judge is not accessible?...Wherever you come from as a judge, from lawyer, from junior divisions to senior divisions, from senior division to district judge, from there elevated to high court, maintain the decorum. Don't behave like your previous incarnation.

We often see clips, often doctored clips of video, and I feel pained seeing the conduct. And if you don't know how to maintain dignity of yourself, how would you dignify justice? You search within yourself". 

Justice Anjaria further underscored that "justice dispensation is sublime representation, it is not power presentation" adding that decorum and dignity must be maintained by judicial officers on the dais. He further said  that these are the narratives to be transcended for reshaping the outward quality and content of justice.

'Law is my Dharma and Dharma is my Law'

The judge further recounted speaking at an event in Bangalore on the subject of Law and Dharma. He said that when asked to speak, he had said:

"I only said that the correlation between Dharma and Justice is that 'Law is my dharma and Dharma is my law'. For you also, that should be, law should be your dharma and you must disseminate law as if you are following dharma". 

He also underscored that there must be a blend of Niti (righteousness, fairness, equality and non-discrimination) and Nayay (Justice). Nyay he said, should be filled with the content of Niti. 

Language is important in a judgment

"Justice, it is said, in accordance with law. Sometimes you travel beyond the statute book and do justice. It amounts to transcending the narrative. Every statute contains provisions which give a vast area of discretion. Use that discretion to do substantive justice. You are transcending the narrative. Apply purposive interpretation, you are transcending…I do not subscribe to the view that language is not important in a judgment. You must focus on your language, it is vehicle of expression. An expression, unless good, does not convey good reasoning. Your judgment will not be good. For an analytical judgment, language content is must," Justice Anjaria said. 

He further said that the author Amartya Sen had said Nyay is not justice, it is "realised justice". 

"We want all of us to lead the common man to realise justice. This is the transformation of dispensation of justice. These are my small ideas for reshaping dispensation of justice," he added.