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Synopsis

Justice BR Gavai, Judge, Supreme Court of India on Saturday, while speaking at an even in Kolkata has said judges' remarks, intended as tentative thoughts or questions to probe the arguments of counsel, can be taken out of context and used to influence public opinion or pressure the judiciary.

"While live telecasts of judicial proceedings of the Supreme Court and the High Court further the objective of judicial transparency and accountability, there are growing concerns about misinterpretation and misquoting of observations made by the judges in ongoing cases. In the age of instant communication and widespread dissemination of information, every word spoken in a courtroom can be rapidly shared, analyzed, and often distorted on social media platforms...", the judge added.

Justice Gavai was speaking at the ‘East Zone-II Regional Conference of National Judicial Academy’ 

He went on to say how it was crucial for judges to remain unaffected by such external pressures to ensure their objectivity and impartiality in decision-making. "The integrity of the judicial process depends on the ability of judges to deliberate and decide cases based solely on the law and the facts presented, without being swayed by public sentiment or media commentary", he added.

Before concluding, the Supreme court judge rendered some unsolicited advice and touched upon issues concerning judges' conduct.

"Some of the Judges in some of the High Courts do not sit on time.  It is shocking to know that some of the Judges, though the court timings are 10.30 a.m., sit at 11.30 a.m. and get up at 12.30 p.m. though the court timings are up to 1.30 p.m.  It is more shocking to know that some of the Judges do not sit in the second half...Information is also received about how the Judges behave with the lawyers.  The lawyers are not treated with the dignity they deserve and are often humiliated by Judges....Some of the Judges derive pleasure by calling the Senior Executives in the Court.   Some of the Judges are known for passing such orders at the drop of a hat.  They should understand that Government officials are also required to discharge their duties in the field and unless the conduct is so reckless, such directions should be avoided...", he said.

He also mentioned that some of the Judges even go to the extent of canvassing their candidature for elevation to the Supreme Court. 

West Bengal Chief Minister Mamata Banerjee, who also spoke at the event, has called for no political bias in the judiciary, saying that it must be absolutely pure.

The event was also attended by Chief Justice of India Dr. DY Chandrachud who observed that judges should refrain from allowing their personal beliefs to influence their rulings.

“Increasingly, we see judges writing on their ideologies. For example, a judge stating that he won’t give protection to a couple who are staying together, as they are in a consensual relationship outside marriage. The law protects relationships in the nature of marriage, yet we find judges writing they cannot give protection,” the CJI added.