Trust Deficit In Judiciary Might Push People To Vigilantism & Mob Justice, Which Will Erode Rule Of Law : Justice BR Gavai

"A trust deficit in the judiciary threatens the very foundation of our institution," emphasized Supreme Court Justice Bhushan Ramkrishna Gavai while addressing a gathering on Saturday (October 19) at the Annual Conference for Judicial Officers in Gujarat on the theme of 'Institutional Perspective-Self Evaluation and Self Evolution'.Emphasizing that Courts need to continuously nurture public trust, the judge said,"Another theoretical reason why public trust in the judiciary must be kept intact is that a trust deficit might push people to seek justice outside the formal judicial system. This might be through informal ways of vigilantism, corruption, and mob justice. All of this can lead to the erosion of law and order in society. Similarly, it can lead to public hesitation in filing cases and appealing decisions". Justice Gavai, who is also the chairman of the Supreme Court Legal Services Committee was speaking at the first session of the two day annual conference on the topic–'Trust Deficit - Eroding the Credibility of Judicial Institutions? Ways and Means to Combat the Truth Decay', in the presence of Gujarat high court Chief Justice Sunita Agarwal, high court judges, judicial officers and other dignitaries. The event has been organized by the Gujarat State Legal Services Authority in association with the Gujarat High Court and the Gujarat State Judicial Academy. In his address Justice Gavai said that judiciary is a crucial institution which maintains the rule of law, acts against the excesses of the State, and protects the citizens from violation of their rights. In a constitutional framework, the judge said, based on the rule of law, the role of judges is to ensure accountability of other institutions as well as in their working. However, the working of the institution is "facilitated by public trust in it", the judge emphasized. Factors which may lead to public trust deficit in CourtsJustice Gavai pointed to several factors which may contribute to a trust deficit in courts. The first is Corruption, where even a trace of it–either through "bribery, partiality, or undue influence", can undermine the foundation of the legal system, he said. With respect to delay in proceedings as another possible factor, Justice Gavai said, "As it is said, justice delayed is justice denied. This maxim holds for both the parties involved and for the societyat large. Prolonged litigation and slow-moving court procedures create disenchantment with the legal system". He further referred to President of India's Droupadi Murmu's address at the recent two-day 'National Conference of the District Judiciary' organised by the Supreme Court of India, and stated that the President had sought to highlight the problem of delays and prolonged judicial process and had even pointed out to the concept of “litigation fatigue”–which makes litigants withdraw their cases due to the fatigue of having to appear in court. The judge also emphasized that delays can have a detrimental impact on criminal trials, where if an "innocent person is undertrial for a long time and later acquitted, it also creates a social stigma against that person, violating his fundamental right to dignity". On dilution of separation of powers as another factor leading to erosion of public trust, he said that the "Judiciary must stand independent from legislature and executive" and any encroachment on judicial autonomy whether by political interference, legislative overreach or executive overreach undermines the very concept of impartiality of justice. On perceived lack of transparency, Justice Gavai said when "judicial decisions are not accompanied by clear reasoning" it can breed skepticism adding that the public has the right to understand not only the outcomes but also the thought process behind the outcomes.Reflecting on the perception of bias as a contributing factor for trust deficit the judge said, "Public perception sometimes leans toward the belief that judges may have personal biases that influence their rulings, particularly in cases involving sensitive social issues or concerning the rights of marginalized communities. A particularly concerning aspect is when judges make broad statements outside the scope of specific cases, especially regarding sensitive topics such as gender, religion, caste, politics, etc. I wont name the high court or the judge but recently you must have come across a learned judge of a high court who expressed opinions about woman or rather historically marginalised groups while sitting on the bench. Such statements raises questions about their impartiality in cases involving those demographics. The bench of five senior most judges of the Supreme Court had to be assembled for expunging such remarks. Such statements can create impression that the judge holds pre-conceived notions that may influence the judgements leading to widespread beliefs that justice may not be served fairly". The judge thereafter flagged the issue of misbehaviour by...

Trust Deficit In Judiciary Might Push People To Vigilantism & Mob Justice, Which Will Erode Rule Of Law : Justice BR Gavai

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