The Hindu : Front Page : Veerasamy's remarks tend to scandalise judiciary: court

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Tuesday, Feb 13, 2007
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Veerasamy's remarks tend to scandalise judiciary: court

Special Correspondent

However, it will not initiate contempt proceedings

CHENNAI: Electricity Minister Arcot N. Veerasamy's recent broadside against Judges tends to scandalise the judiciary, the Madras High Court has said.

The First Bench comprising Chief Justice A.P. Shah and Justice K. Chandru made the observation when a quo warranto petition against Mr. Veerasamy and Chief Minister M. Karunanidhi came up for admission on Monday.

While clarifying that no quo warranto, seeking to know in what capacity were they holding their respective posts after committing contempt, could be issued against the two, the Chief Justice said Mr. Veerasamy was a senior Minister holding high position, and hence, his remarks, made in the presence of the Chief Minister, were presumed to be intended.

"Prima facie we find that it tends to scandalise the authority of the court."

Though the court welcomed bona fide criticism, in the guise of criticism an attack could not be mounted on the judiciary, he added.

"Remarks inappropriate"

As for Mr. Veerasamy's statement that Judges had not come from the heaven, the Chief Justice said, "Judges are mortals functioning within the limitations of the Constitution," and added that the remarks were "extremely inappropriate."

Expressing concern at the comments, he said they had been made when the cases were still pending before the court. "We see this as a tendency to interfere with the administration of justice," he observed.

The Chief Justice, however, made it clear that the court would not initiate contempt proceedings, and added that the strength of a judge lay in his independence and integrity.

Seeking to know the stand of the Minister, he said the court's observations should not be construed as disrespect to the Executive, as the organs of the democracy should have mutual respect. In a democratic set-up, the Government's actions were bound to be challenged, he said, adding, "the statement creates an impression that certain actions cannot be questioned in court."

"Intimidation"

Agreeing that courts should function within their parameters, Mr. Justice Shah reiterated that the Judges had absolutely no problem with criticism. As for the description of courts as `Katta Panchayats,' the Judge said such comments would lower the image of the judiciary and people would lose faith in the institution.

"It is unnecessary. Such statements, that too when the matter is pending in court, is some sort of intimidation. We do not appreciate them."

AAG's submission

The Chief Justice described the court as temple of justice, and said the Judges would do their duty regardless of what people said.

During arguments, Additional Advocate-General P.S. Raman submitted that the Chief Minister had already issued a statement on the matter and that Mr. Veerasamy fully subscribed to the view.

The matter has been adjourned to Tuesday, when the court would be informed about Mr. Veerasamy's stand on the issue.

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