The Telangana High Court recently accepted apologies given by a litigant and two lawyers for their "scurrilous" allegations of bias against a sitting judge, which had landed them in trouble before the Supreme Court earlier this month.
In a ruling passed on August 22, Justice Moushumi Bhattacharya also raised concerns about the trend of making personal attacks on judges.
“A trend of vilifying Judges has emerged in recent times. Disgruntled lawyers and litigants often demand release, recusal and transfer of matters on the pretext of oblique motives attributed to the Judge. Such reckless allegations derail the course of justice by creating an environment of intimidation which is not inclusive to the effective administration of justice. Personal attacks on Judges breach the safety net of impartial decision-making and is antithetical to independent judges. Targetting of Judges makes for sceptical and unsure Judges," the Court said.
The judge further pointed out that while it is easy for disgruntled people to vilify judges in print or on social media, the judges affected are not in a fair position to defend themselves. What ultimately suffers is public faith in the judiciary, the Court observed.
"The ‘Majesty’ of a Court is an inalienable part of the respect associated with upholding the Rule of Law. Attacks on Judges irrevocable dent the dignity of Courts as impartial arbiters of justice and affects public trust and confidence in the judiciary. Advocates, as equal participants in the quest for justice, have a greater responsibility in ensuring that the Court is not brought to disrepute."
The Court proceeded to accept the apology of the litigant and lawyers before it, while observing that its authority stems not from retaliation or its power to punish, but its power to balance the scales of justice.
Justice Bhattacharya expressed her gratitude to the Supreme Court and Chief Justice of India BR Gavai for coming to her defence.
“This Court remains grateful and indebted to the Hon’ble Supreme Court and the Hon’ble the Chief Justice of India," her order said.
Earlier this month, proceedings for criminal contempt of court were initiated against one N Peddi Raju and two lawyers, Advocates Ritesh Patil and Nitin Meshram.
This, after they alleged that there was a "likelihood of derailment of justice" in a case where Telangana Chief Minister A Revanth Reddy got relief from the High Court in connection with a Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act case.
Peddi Raju, through his lawyers, filed a petition before the Supreme Court to transfer the case to a court other than the Telangana High Court.
The transfer plea alleged that there were serious concerns about the impartiality of the Telangana High Court judge who had heard the case. It was further alleged that Raju's lawyer was only given five minutes to argue the case.
The Supreme Court condemned such accusations and issued notice for contempt of Court to Raju as well as two lawyers who represented him.
In a hearing on August 11, the top court told Raju and his lawyers to apologise before Justice Bhattacharya. The Supreme Court added that it would be up to Justice Bhattacharya to decide whether to accept the apology or not.
Justice Bhattacharya, on August 22, accepted their apologies, while also recording that their allegation of not being given a proper hearing earlier was contrary to the available records.
The High Court acknowledged that it is important to give lawyers a proper hearing, and that aggrieved litigants may even challenge court verdicts through the legal process. However, personal attacks on judges are uncalled for, the Court added.
“While criticizing the judgment is part of the legal process, personal attacks on a judge on allegations of bias and collateral motives rupture the implicit trust between the Court and the officers of the Court," the ruling said.
On a parting note, Justice Bhattacharya expressed that judgeship is never about power, but about the responsibility of disseminating justice with conscience, commitment, and compassion.
"The common man should repose full faith and confidence in the Courts. Fortunately, notwithstanding the occasional stresses and strains, Courts continue to be proud flag-bearers of justice," it added.
[Read Order]