The Hindu : Tamil Nadu News : ‘Judiciary is the last hope of people’

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Sunday, Aug 24, 2008
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Tamil Nadu

Tamil Nadu

‘Judiciary is the last hope of people’

— Photo: M. Periasamy

M. Karpaga Vinayagam

After a long stint as a member of the Madras High Court Bar, M. Karpaga Vinayagam became a judge of the Madras High Court in 1996 and in 2006 he was elevated as Chief Justice of the Jharkhand High Court. Justice Vinayagam relinquished office on superannuation recently.

During his recent visit to Coimbatore, he told V.S. Palaniappan that people pinned hopes on judiciary as a last resort after having exhausted all avenues. Judges should realise their responsibility in ensuring timely justice with all fairness.

“Evaluating merits of the case, facts and appreciation of evidence in deciding a case should be done with compassion. Ends of justice are higher than the ends of law, but justice has to be achieved within the legal framework. You can bend the law by interpreting it for a common good but should not violate it,” Mr. Vinayagam said.

On his memorable judgements, he said his decision to make a legislator stay at Gandhi Museum in Madurai and read Sathya Sodhanai by Mahatma Gandhi was one.

He said the ways and means of law were to reform offenders and the end result should not be just punishment.

Making an actress visit a service organisation, the ruling given against a police officer for his excesses in a civil dispute depriving an ex-servicemen of his human and civil rights and the order to remove black cool film stickers on cars while disposing a rape case as the Chief Justice of the Jharkhand High Court were some of the judgements close to his heart, he added.

Recalling the manner in which he conducted the trial in a dowry harassment case, Mr. Karpaga Vinayagam said judges should look at the cases and evidences alone, but that could be done keeping in mind the situation and the future of both the litigants. “Legislations and judiciary should be strong enough but definitely fundamental rights enshrined in the Constitution should prevail over everything else,” he said.

Asked about conflict situations between the judiciary and the legislature, Mr. Vinayagam said such conflicts were unfortunate. “Conflict arises only when one institution tries to establish or ascertain supremacy over the other or even over that of the Constitution. The supremacy of the Constitution is paramount.”

On the issue of media having conflicts with the judiciary, Mr. Vinayagam expressed concern over the practice of running parallel trials to generate sensational news.

He emphasised the need to simplify trial procedures for timely justice and to reduce backlogs.

Amendments to the Criminal Procedure Code could mean a great deal of difference in administration and dispensation of justice, he added.

To the allegation that the judiciary was overusing contempt proceedings, he said contempt proceedings should be very rarely used. He cited instances of court orders not getting due respect and the orders being implemented only after initiating contempt proceedings.

“Courts should not use contempt proceedings at the drop of a hat. Contempt should be judiciously and sparingly used only if there is a dire need,” he said.

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