To Serve Judiciary Is Not Less Than Call Of Military Service, Says Justice Arun Mishra
"Contempt is a weapon like Brahmasatra to be used sparingly to remain effective. At the same time, a Judge has to guard the dignity of the Court and take action in contempt and in case of necessity to impose appropriate exemplary punishment too. "
A lot of sacrifices are made to serve the judiciary for which one cannot regret as it is with a purpose and to serve judiciary is not less than call of military service, remarked Justice Arun Mishra in the judgment delivered on Monday.
The bench, also comprising Justice Vineet Saran, made this observation in the context of various attacks made on the judicial system by 'unscrupulous persons/advocates'.
"Considering the nobility, independence, dignity which is enjoined and the faith which is reposed by the common man of the country in the judiciary, it is absolutely necessary that there is no maligning of the system. Mutual respect and reverence are the only way out. ", said the court observing that no one can be permitted to destroy the independence of the system from within or from outside.
The judge said: "The separation of powers made by the forefathers, who framed the Constitution, ensured independent functioning. It is unfortunate without any rationale basis the independence of the system is being sought to be protected by those who should keep aloof from it. Independence of each system is to come from within. If things are permitted to be settled by resorting to the unscrupulous means and institution is maligned by creating pressure of any kind, the very independence of the system would be endangered. Cases cannot be decided by media trial. Bar and Bench in order to protect independence have their own inbuilt machinery for redressal of grievance if any and they are supposed to settle their grievances in accordance therewith only. No outside interference is permissible."
Judges cannot go to press to ventilate their point of view
The bench also observed that it has become very common to the members of the Bar to go to the press/media to criticize the judges in person and to attribute political colours to the judgments.
The court said: "It is impermissible to malign the system itself by attributing political motives and by making false allegations against the judicial system and its functionaries. Judges who are attacked are not supposed to go to press or media to ventilate their point of view."
Contempt is a weapon like Brahmasatra
On invoking 'Contempt' by courts, the judge said: "Contempt is a weapon like Brahmasatra to be used sparingly to remain effective. At the same time, a Judge has to guard the dignity of the Court and take action in contempt and in case of necessity to impose appropriate exemplary punishment too. "
The bench said that the contempt of court is a weapon which has to be used sparingly as more is power, same requires more responsibility but it does not mean that the court has fear of taking action and its repercussions. "The hallmark of the court is to provide equal and even-handed justice and to give an opportunity to each of the system to ensure that it improves upon", it said.
Sanctity of A Court is not less than that of a holy place reserved for noble souls
The bench also said that it is shocked to note that the instances of abject misbehavior of the advocates in the premises of the High Court of Madras resulting into requisitioning of CISF.
In this regard, the bench said: "There is no room for taking out the procession in the Court premises, slogan raising in the Courts, use of loudspeakers, use of intemperate language with the Judges or to create any kind of disturbance in the peaceful, respectful and dignified functioning of the Court. Its sanctity is not less than that of a holy place reserved for noble souls"
The corruption is intolerable in the judiciary
The court also said that it is the duty of the Bar to protect honest judges and not to ruin their reputation and at the same time to ensure that corrupt judges are not spared. "In order to improve the system, they have to take recourse to the legally available methods by lodging complaint against corrupt judges to the appropriate administrative authorities and not to level such allegation in the public. The corruption is intolerable in the judiciary."
Over speaking judge is no well-tuned cymbal.
The judge also quotes Francis Bacon who said that Judges ought to be more learned than witty, more reverend than plausible, and more advised than confident. "Above all thingst, integrity is their portion and proper virtue. Patience and gravity of hearing is an essential part of justice, and an overspeaking judge is no well-tuned cymbal.", Justice Mishra added.