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New Delhi:
The Supreme Court Monday mentioned it hoped that the January 12, 2018 press convention by the 4 most senior judges of the court docket was the “first and the last occasion” when the judges have gone to the media.
The then high 4 judges of the Supreme Court – Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph – had held an unprecedented press convention on January 12, 2018, when Justice Dipak Misra was the Chief Justice of India, and had highlighted a litany of issues afflicting the best court docket of the nation.
The then CJI and the 4 judges have since retired.
A bench headed by Justice Arun Mishra, imposing a “nominal fine” of Re 1 on Prashant Bhushan in a contempt case, famous on Monday that the activist lawyer had tried to justify the averments made on the premise of press convention by these 4 judges.
“We hope it was the first and the last occasion that the judges have gone to press, and God gives wisdom to protect its dignity by internal mechanism, particularly when allegations made, if any, publicly cannot be met by sufferer judges. It would cause suffering to them till eternity,” mentioned the bench, additionally comprising Justices B R Gavai and Krishna Murari.
“Truth can be the defence to the judges also, but they are bound by their judicial norms, ethics, and code of conduct,” the bench mentioned in its 82-page judgement.
The court docket mentioned that equally, the code of conduct for advocates is equally relevant to the attorneys additionally, being a part of the system.
“The Rules of Professional Ethics formed by the Bar Council, though couched under statutory power, are themselves not enough to prescribe or proscribe the nobility of profession in entirety. The nobility of profession encompasses, over and above, the Rules of Ethics,” it mentioned.
The bench famous that judges have to precise their opinion by their judgments they usually can not enter into public debate or go to press.
“It is very easy to make any allegation against the judges in the newspaper and media. Judges have to be the silent sufferer of such allegations, and they cannot counter such allegations publicly by going on public platforms, newspapers or media. Nor can they write anything about the correctness of the various wild allegations made, except when they are dealing with the matter,” it mentioned.
The high court docket mentioned that retired judges do “have the prestige that they have earned by dint of hard work and dedication to this institution”.
It famous that judges are additionally not alleged to be answering each allegation made and enter into public debate.
“Thus, it is necessary that when they cannot speak out, they cannot be made to suffer the loss of their reputation and prestige, which is essential part of the right to live with dignity,” it mentioned.
The Bar is meant to the “spokesperson for the protection” of the judicial system and they’re an integral a part of the system, it mentioned.
“The Bar and Bench are part of the same system i.e. the judicial system, and enjoy equal reputation. If a scathing attack is made on the judges, it would become difficult for them to work fearlessly and with the objectivity of approach to the issues,” it mentioned.
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