Judge-bashing has become a favourite past-time for some: Chhattisgarh High Court

The Chhattisgarh High Court recently expressed displeasure over derogatory comments being made by netizens against judges and lawyers with increasing public access to court proceedings through the live-streaming of cases. .A division bench of Justices Goutam Bhaduri and Radhakishan Agarwal took critical note that judge-bashing appears to have become a favourite past-time for some.The Court also warned that action would be taken if contemptuous and derogatory language is used against the court. "It appears that 'Judge bashing' and using derogatory and contemptuous language against the Judges and Lawyers has become a favourite pastime of some people. These statements tend to scandalize and lower the authority of the Courts and cannot be permitted because, for functioning of democracy, an independent judiciary to dispense justice without fear and favour is paramount," the Court's judgment stated. .The Court clarified that fair and temperate criticism of the Court, even if strong, may not be actionable. However, action would be taken against those who cross limits by using derogatory language and obstructing court proceedings, the Court warned. "While fair and temperate criticism of the Court even if strong, may not be actionable, but attributing improper motives or tending to bring Judges or Courts into hatred and contempt or obstructing directly or indirectly with the functioning of Courts is serious contempt of which notice must be and will be taken," the Court said. .The Court further underlined that the judiciary is the bed rock and handmaid of democracy, and that if people lose faith in justice imparted by a court of law, the entire democratic set up would crumble down..These observations were made while dealing with a child custody case, the proceedings of which were live streamed on the Chhattisgarh High Court's YouTube channel..It appears that 'Judge bashing' and using derogatory and contemptuous language has become a favourite pastime of some people.Chhattisgarh High Court.In this case, a man sought the custody of his minor daughter, who was at the relevant time living with her mother. The bench spoke to the minor girl in their chambers, who expressed her desire to go with the father as she did not feel safe with the mother.The Court eventually granted the custody of the child to the father, while allowing visitation and contact rights for the mother..When these case proceedings were being live streamed, some netizens used derogatory language against the judges in YouTube comments. An application was later filed before the Court by one of the parties, to bring to the Court's notice several such derogatory comments made online against the judges as well as the parties to the case. .The comments brought to the Court's attention included the following:I can hear cries in his voice… that lady deserves special place in hell. Absolutely ridiculous decision. If the mother’s income is fair, she cannot ask for alimony.Be immensely careful of the woman you choose to marry & plan a family with. I would not wish this day even on my worst enemy. So basically one qualification to be a Judge is to be stupid and unrealistic?Don’t be surprised if this man and his mother is sent to jail for mental cruelty towards this woman.The judges are mostly men, why can’t they see pain of other man instead of being biased towards one Gender, let’s treat culprit be culprit and victims be victim. C ho kya judge.I’d request my honourable and respected Judiciary System to put that man and his mother behind the bars for the harassment and mental agony caused to the wife. I hope the wife will get justice from this super intelligent Judge.Judge giving judgment after he got beaten by wife in morning.Maybe after sleeping with victim’s wife..The Court took a dim view of such online trolling. "The nature of comments made do not aid to improve the justice delivery system. It indirectly extends threat to lawyers and tarnishes the image of the Courts and it is easy to pass a comment for a mint fresh attention on the fence without realizing the facts and to have a misplaced sense of collective pride," the Court observed..In proceeded to order the Registrar General of the High Court to coordinate with the Registrar (Computerization) in order to take appropriate measures to tackle such comments. "If need be contempt notices be issued to the persons who posted the proceedings of the Court in the social media and who made the derogatory comments against the pleading Advocates, Court and the Judges, after identifying them with the help of Cyber Cell Team of the State of Chhattisgarh. Thereafter, Registrar (Judicial) is directed to register appropriate proceedings separately and place it before this Court," the bench added..Senior Advocate Dr NK Shukla along with advocates Saurabh Dangi, Palak Dwivedi and Sajal Kumar appeared for the father.Advocate Malay Shrivastava represented the mother..[Read Judgment]