The Hindu : Opinion / Letters to the Editor : Judicial intolerance

Online edition of India's National Newspaper
Tuesday, Sep 25, 2007
ePaper

Opinion

Opinion - Letters to the Editor

Judicial intolerance

A well-argued and well-written editorial on the abuse of judicial power (Sept. 24) has once again focussed attention on the crying need for accountability. It is interesting that the Delhi High Court did not call for a probe into the allegations made by Mid Day and some senior lawyers against the former CJI, Y.K. Sabharwal. The courts are expected to uphold the provisions of the Constitution. Instead there seems to be an attempt to throttle the freedom of speech and expression enshrined in Article 19. It is a dangerous trend and should be stopped before we have judicial dictatorship.

S. Raman,

New Delhi
* * *
The judiciary has earned popular admiration, particularly through its verdicts in public interest litigation pleas. It is a well-settled principle of jurisprudence that howsoever high one is, the law is higher than him. The judiciary has implemented this principle on several occasions. What applies to the members of the legislature and the executive should apply equally to the members of the judiciary too. Any measure that seeks to silence constructive criticism against any constitutional authority, including the Contempt Act, a colonial vestige of the judiciary, militates against the rule of law and the doctrine of transparent judiciary.

B.R. Geetha,

Salem

* * *

The Delhi High Court’s action, holding the four journalists of Mid Day guilty of contempt of court and sentencing them to a four-month imprisonment for advancing allegations against Justice Sabharwal, is unjustified. Instead of protecting the dignity of the judiciary, the verdict has done the opposite. It is quite evident that the judiciary is still not ready to accept criticism, particularly from the media. For a vibrant democracy to thrive, such judicial highhandedness is undesirable. The newspaper should be asked to prove the allegations and the court should decide on the basis of facts and nothing else.

Arivendu Bhardwaj,

Gurgaon
* * *
The principle of natural justice implies that no man can be the judge of his own case. Though the judiciary is highly respected, such verdicts can lower its venerable position.

Naveen Marrapu,

Bobbili
* * *
The verdict brings to the fore questions about the usefulness and rationale of the contempt provision. The High Court has ruled that the report and the cartoon which appeared in Mid Day tarnished the judiciary’s image. There can be no two opinions on the need to protect the judiciary’s image. At the same time, in a democracy the people are supreme and they have every right to criticise judges constructively.

A. Meghana,

Hyderabad
* * *
It is pellucid from the verdict that the judiciary is intolerant of criticism. But in a democratic country, the judiciary cannot put fetters on the fourth estate. If the former CJI wants to refute charges of nepotism, he should ask for an enquiry or opt for the legal course.

Neetu Baroota,

New Delhi
* * *
No doubt, the Contempt of Courts Act was amended last year but the constitutional provision from which the law derives its origin remains unchanged. Article 19 of the Constitution guarantees the right to freedom of speech and expression to all citizens but also imposes reasonable restrictions on the freedoms and casts a duty upon the state to enact suitable legislation in this regard, including for contempt of court. The law thus has its origin in Article 19(2).

The National Commission to Review the Working of the Constitution took note of this and recommended that an amendment to the contempt of court law to provide for truth as defence is not enough but a proviso also needs to be added to Article 19 (2) of the Constitution to the effect that “… in matters of contempt, it shall be open to the court to permit a defence of justification by truth on satisfaction as to the bona fides of the plea and it being in public interest.”

The Mid Day episode has set the bells ringing to immediately usher in judicial reforms so that the image of the judiciary is not tarnished.

Hemant Kumar,

Ambala

Printer friendly page
Send this article to Friends by E-Mail

Opinion
News: ePaper | Front Page | National | Tamil Nadu | Andhra Pradesh | Karnataka | Kerala | New Delhi | Other States | International | Opinion | Business | Sport | Miscellaneous | Engagements |
Advts: Retail Plus | Classifieds | Jobs | Obituary | Updates: Breaking News |

News Update

Stories in this Section

From heir apparent to heir manifest

A weak-kneed surrogate

On to the world stage via the Commonwealth

Corrections and clarifications

Africa’s new rolling news channel

Reality check

Judicial intolerance

Dangerous escalation

“India has been impressive in applying space technology to development”