Criticizing Judiciary On Social Media Without Full Knowledge Of Issue Erodes Public Faith In Institution: Justice PB Suresh In Farewell Speech

Justice P. B. Suresh Kumar, who is set to retire from the Kerala High Court on June 30 expressed his concern over social media posts or comments criticizing the judiciary, judges or judgments without giving context or without having knowledge of the issue. The Judge observed that many at times these comments are made based on assumptions without even a basic understanding of law. The Judge expressed that such comments have the effect of eroding public trust in the institution.“Unfortunately, such remarks have had the effect of undermining public confidence and tarnishing the image of this institution. While many may post without malicious intent, the consequence can be grave. In an era, where public opinion is shaped in real time and internet preserves content without context, such comments can erode trust in the judiciary and shake citizens' faith in rule of law”, he said. The Judge further said that the time was ripe to make a legislation that balances the right to freedom but also prevents actions that affect the independence of judiciary."Judiciaries across the world have expressed concern over this growing trend. In this context, I believe the time is right for thoughtful legislatory intervention. One that carefully balances the fundamental right to free speech under Article 19(1)(a) with the constitutional mandate to uphold the independence of judiciary enshrined in Article 50. I suggest this with humility and concern, not to silence genuine criticism, but to ensure that the critic does not degenerate into unwarranted vilification. That freedom of speech does not become freedom to mislead and that the majesty of the institution remains intact for generations to come," he said. The Judge made these comments in his speech during the Farewell reference held today in the Chief Justice's Court. Justice P. B. Suresh Kumar took charge as an Additional Judge of High Court on 21st May, 2014. He was made a permanent Judge with effect from 20-05-2016. Before becoming a Judge, he practiced as an Advocate before subordinate courts, High Court of Kerala and Supreme Court. During his practice in the High Court, he was designated as a Senior Advocate. After the retirement, he is planning to resume his practice in Supreme Court. Notably, Justice Suresh Kumar was a part of team of Judges who was instrumental in bringing technological advances in the working of the High Court, especially during Covid time. The Judge mentioned in his speech how technology has made his work more time – efficient and easier. He specifically stated that Google Meet, seamless screensharing and digitization of trial court records have enabled him to spend less time than he would have taken if he was following traditional methods. However, the Justice cautioned against completely replacing humans with technology.“Technology is only an enabler. It can never replace the empathy and sensitivity and discernment that are the hallmarks of judicial functioning. The future of our judiciary lies in striking this delicate balance. We must work towards an ecosystem where technology enhances efficiency but without diminishing the human touch. Where Artificial Intelligence assists, but does not supplant human judgment,” he added. The Justice stated that the most important part of the job was the impact it can have on the lives of people. He mentioned the case of Imran Mohammed, a toddler who was suffering from spinal muscular atrophy which came before his Court. The child's father had approached the Court for State assistance in procuring highly expensive drug for the treatment. Large sum was collected through crowd funding to treat the child. However, he passed away before the drug could be procured. The Judge stated that the money donated by the public was formed into a separate corpus and it could help 15 other children who was suffering from SMA.The Judge was given farewell wishes by Advocate General Senior Advocate Gopalakrishna Kurup, Kerala High Court Advocates' Association President Adv. Yeshwanth Shenoy and Chief Justice Nitin Jamdar.

Criticizing Judiciary On Social Media Without Full Knowledge Of Issue Erodes Public Faith In Institution: Justice PB Suresh In Farewell Speech

Manju Elsa Isac

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