India

Supreme Court Cautions Judges on Community Remarks, Emphasizes Fairness and Impartiality

"CJI Chandrachud's Bench Addresses Controversial Comment by Karnataka High Court Judge, Issues Key Guidelines for Judicial Conduct in the Digital Era"

Source: Dainik Bhaskar

The Supreme Court on Wednesday issued a caution to judges, urging them to exercise restraint when commenting about any community. This came as Chief Justice of India (CJI) DY Chandrachud’s bench was hearing a case concerning a controversial remark made by a Karnataka High Court judge, who had referred to a part of Bengaluru as “Pakistan.”

CJI Chandrachud emphasized that no one should refer to any part of the country as “Pakistan,” stating that such remarks go against the fundamental principles of national unity.

The controversy arose after a video of Karnataka High Court Justice V. Srishananda’s remark went viral, prompting the Supreme Court to take up the matter on its own. Justice Srishananda offered an apology to the Supreme Court, and the CJI’s bench accepted the apology, thereby closing the case.

Three Key Guidelines Issued by the Supreme Court for Judges

  1. Avoid Careless Comments: Judges should be mindful that careless remarks can often reveal personal biases, especially when they pertain to gender or community issues. During hearings, judges must refrain from making comments that could harm or offend any community.
  2. Negative Impact on Judicial Image: While the Karnataka High Court judge was not a party in the case, the Supreme Court refrained from saying more but expressed serious concern about comments related to gender or community. Such remarks can harm the reputation of the judiciary and affect the public’s perception of the entire judicial system.
  3. Adapt to the Digital Age: Although the Supreme Court decided to close the case, it emphasized that in this era of electronic media, judges and lawyers must be particularly cautious with their remarks and adapt their behavior accordingly.

Upholding the Spirit of Justice

The Supreme Court underscored that fairness and impartiality are the very essence of justice. Every judge should be conscious of their own biases. Only through this awareness can the judiciary deliver decisions with integrity, ensuring that the guiding principles are always aligned with the values enshrined in the Indian Constitution.

Karnataka High Court’s Action on Live Streaming

A day after the video clip of the controversial comment went viral on YouTube, the Karnataka High Court took measures to control its courtroom proceedings. Just half an hour before it was about to start live streaming its sessions, the High Court issued a disclaimer, prohibiting anyone from recording the proceedings without prior permission. Legal action was warned for those violating this directive.

The notice stated that no individual, organization, print, electronic, or social media platform is allowed to record, share, or publish the live-streamed proceedings without obtaining prior permission.

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