'Judiciary Has Never Failed And Will Never Fail In India' : Justice Prashant Kumar Mishra

  • Judiciary Has Never Failed And Will Never Fail In India : Justice Prashant Kumar Mishra

    Justice Mishra said that the judiciary will rise to the occasion to meet the new challenges.

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    Justice Prashant Kumar Mishra of the Supreme Court has said that the judiciary has never failed in India and will continue to rise to new challenges confronting the justice delivery system, describing the judiciary as a "saviour of democracy".

    “Judiciary has never failed in this country and judiciary will never fail in this country. We will rise to the occasion on each occasion when some new challenges are brought before us and we will find a solution.”, Justice Mishra said.

    Speaking at an inaugural address at the two-day West Zone Regional Conference on "Expanding Horizons of Judicial Education", organised by the National Judicial Academy in collaboration with the High Court of Madhya Pradesh and the Madhya Pradesh State Judicial Academy in Gwalior, Justice Mishra stressed that the foundation of Indian democracy is solid, which will come to the aid of the people in times of the test to save its people.

    “Our democracy which is ingrained solidly, inbuilt rock-hard democracy will stand the test of time not only through the other organs but the judiciary, the saviour of democracy, will always come forward to save it and save the people.”, the judge said.

    Justice Mishra also highlighted the changing nature of crime and disputes, emphasizing that judges are now required to apply existing legal principles to factual situations that may not have been contemplated when earlier precedents were decided.

    "The problems posed before the courts are now increasingly complicated. And we don't have precedents and case laws to solve those problems.", the judge said, adding that while "wrongdoers like criminals and wrongdoers" are becoming more intelligent, judges must also expand their horizons to respond to complex factual situations.

    In the same vein, the judge also addressed the challenges posed by rapidly developing technology, particularly deep fakes and digitally manipulated material.

    "Technology is posing…if you see the YouTube and deep fakes and all others…very difficult to find out what is real and what is unreal.", the Judge said, stressing that now the problem extends beyond the authenticity of digital evidence, as “the evidence is unreal. The people who create that evidence are unreal. And at times the litigation and the litigant both are unreal in court."

    Therefore, he urged the judges to "expand themselves" to understand the realities underlying the material placed before courts.

    Other Supreme Court judges also attended, including Justice Satish Chandra Sharma, Justice Augustine George Masih, and Justice Sanjeev Sachdeva.

    Yash Mittal

    Yash Mittal is a Correspondent with LiveLaw, covering the Supreme Court of India

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