'Why Raise Hue And Cry Over Judges' Comments Not Resulting In Orders?' BCI Chairman On Outrage Over CJI's Remarks In Rape Cases

"It has become a fashion for some motivated people to make personal aspersions against our Judges. If this trend is allowed to continue, the Institution will loose (sic) its sanctity", reads a Press Release issued by the Chairman of Bar Council of India (BCI), Manan Kumar Mishra, on 4 March 2021. The statement comes in the wake of widespread public condemnation of the incumbent Chief Justice of India SA Bobde for his remarks in the course of an anticipatory bail hearing, where he asked a man accused of rape whether he was willing to marry the survivor. In its statement signed by BCI Chairman Manan Kumar Mishra, the BCI declares that every comment of a Supreme Court Judge is being projected in such a manner as if the Judge has committed some offence by making the comment in the Court. Describing statements criticising the statements as "direct attack on the independence of Judiciary", the Press Statement observes, "A handful of politicians and some so called social activists are feeling elevated by criticizing and making reckless comments against Judges through Social and Print Media." Terming letters written by politician Brinda Karat as also Andhra Pradesh Chief Minister Jagan Mohan Reddy's accusations against a senior most Supreme Court Judge, as gross contempt of court, the Statement opines that Freedom of Speech and Expression cannot be stretched to the extent of maligning & weakening the institution. "Comments made by Judges, not resulting in their orders, have no Legal sanctity, why then to raise a hue and cry on such comments?" -BCI Press Release The BCI in its Press Release asserts that some people and even some of the media conceal important/relevant facts of the case that serve as a background to Court comments. Moving on to a description of the facts of the case, the BCI narrates that the case in question involved an agreement for marriage between the prosecutrix and the accused signed by the parents of both parties. Claiming that the media did not bring this "important fact of written agreement" to the knowledge of the public, the Press Statement goes on to pose the question, "Therefore, under this backgrounds (of the written agreement), if a Judge has put a query with regard to marriage between the parties, what is wrong, in it?" The BCI's statement proceeds to add that the Supreme Court refused anticipatory bail to the accused when it came to know that accused had married another girl. "Before making any reckless comment, the net result of the order of Supreme Court should be appreciated. Unfortunately, some motivated people with a specific agenda are deliberately concealing the net result of this case and even the media has reported it in such a way, as if the Court has granted some substantial relief to the accused", the Press Statement reads. "The laws meant for protection of women are being misused flagrantly" The BCI makes the observation that laws relating to the protection of women are subject to flagrant misuse, resulting in "innocent people being harassed", "put behind bars". "The way and manner in which some of the media persons start malicious campaign in public, makes it a matter of serious concern." -It is further said. Claiming that people raising voice against the Chief Justice's remarks in another case concerning sexual assault in a live-in relationship was an attempt at deliberately and purposely trying to mislead innocent people of the country through social media", the BCI avers that the assault could not be rape since "it was a case of live-in relationship".While hearing a plea to quash the FIR in that case, the CJI had asked "When two people are living as husband and wife, however brutal the husband is, can the act of sexual intercourse between them be called rape?". The tail end of the four-page statement reads, "Please don't try to scandalize the institution, don't take political mileage from court proceedings of the highest Judiciary; the country will not forgive you." The Press Note ends with this remark, "India is a vast country, so, the signature move of a few hundred of persons is meaningless and worthless"

'Why Raise Hue And Cry Over Judges' Comments Not Resulting In Orders?' BCI Chairman On Outrage Over CJI's Remarks In Rape Cases

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