Disturbed by tendency of lawyers to comment on cases which are pending before court: CJI Chandrachud

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Synopsis

It is incumbent upon advocates to communicate the judgements of the court to the public utilising platform such as opinion, pieces and newspapers, media appearances and public lectures and the bar has the potential to act as a breach between the court and the citizens in fulfilling their role, the CJI added

On Friday, the Chief Justice of India expressed his concerns over the recent tendency of lawyers to comment on cases pending before courts.

"I’ve been very disturbed by the tendency of members of our associations to comment on cases which are pending before the court and of commenting on judgements delivered by the court. You are first and foremost officers of the court and the dignity and truth of our system is in your hands as members of the bar...", the CJI has said.

Highlighting the importance of having an independent bar and as a result, an independent bar association, the CJI has said that the judiciary has time again risen to the occasion to assert its independence and non-partisanship is separation of power from the executive and the legislature.

CJI Chandrachud added that there is a close link between the independence of the judiciary and the independence of the bar and the bar as an institution is essential to preserve judicial independence, constitutional values and the dignity of the court.

"In a vibrant and argumentative democracy like ours most individuals have a political ideology or inclination. To quote Aristotle, human beings are political animals and lawyers are no exception. However, for members of the bar one's highest loyalty must not lie with partisan interest, but the court and the Constitution. In many ways it is an independent bar which is a moral bulwark to protect the rule of law and constitutional governance", the CJI added.

These remarks have been made by the CJI while he was giving his address as the Chief Guest of the Centenary Year Celebrations of the Nagpur High Court Bar Association.

Speaking about the High Court building, the CJI said, "When this magnificent High Court building was inaugurated it was described as a poem in stone. Even today in 2024 with all the advancements in technology and modern design, this building remains an architectural marvel. It is always a privilege and honour to be here. I also realised the limitations of my own mobile phone when I was trying to take a picture of the building sitting here, that the mobile phone, despite technology cannot just capture the grandeur of the building. There are somethings which you can only absorb and you cannot capture which is so true to our traditions of meditation, introspection and reflection."

CJI Chandrachud also spoke about lawyers being central stakeholders to the functioning of a courts and bar associations. "Ensure that there is a constant dialogue between the bar and the bench. Many of us judges have been a part of the bar at different points in time and interactions with the associations ensure that we do not become detached from the everyday realities of our colleagues at the bar", he added.

The event also was attended by Justices BR Gavai and Abhay S Oka along with former Chief Justice of India, Justice SA Bobde.