New Delhi: Justice Sanjay Kishan Kaul of the Supreme Court Sunday called out the “imputations” being made against the judiciary, saying that it would “damage” the institution.
He also said people holding opposing views call each other ‘Modi bhakt’ or ‘urban Naxal’, adding both are equally intolerant.
“Criticism of a viewpoint or a judgment is not a problem, but when imputations and grading start being made, I think we damage the very institution,” Justice Kaul said in an online lecture on ‘Freedom of speech in times of Covid-19 — fake news and misinformation’, organised by the Madras Bar Association.
Justice Kaul’s comments came just three days after retired Supreme Court judge Madan B. Lokur wrote an article titled ‘Supreme Court deserves an F grade for its handling of migrants’, which was published two days after the Supreme Court took suo motu cognisance of the migrant crisis. Justice Kaul is also a part of the bench hearing the suo motu case.
In fact, during the hearing Thursday, Solicitor General Tushar Mehta had also submitted: “Some individuals have started giving grades that this would be a ‘B’ grade court, a ‘C’ grade court or an ‘F’ grade court. Unfortunately, people from our profession and that too certain learned people have started to do so.”
To this, the bench had remarked: “People who have been a part of this institution, if they think they can run down the institution, it is unfortunate.”
Justice Kaul said it was “unfortunate” that those who have been a part of the judiciary are now giving in to the old adage, “after me, the deluge”, which implies “since we (retired judges) are gone, everything is going wrong”.
“I will say that itself is a danger,” Justice Kaul said. “People in the past, who speak about it, also have committed many mistakes and blunders.”
Justice Kaul also said institutions should not be unnecessarily vilified, and a boundary needs to be maintained, “otherwise it becomes part of a disinformation which causes doubts on institutions and I don’t think that’s good for any system because if you mistrust every system then you don’t have a system, you have anarchy”.
Also read: Criticising govt not going to bring back the dead, don’t ‘politicise’ pandemic: Gujarat HC
‘Misinformation pandemic’
Asserting that the problem of fake news “is more dangerous than the coronavirus itself”, Justice Kaul said even prior to the Covid-19 crisis, “we had become intolerant of opinions that do not match with ours”.
“What is perceived as the middle path becomes the casualty. There are various shades of grey, it is not always black and white,” he said. “People who hold opposing views call each other as a ‘Modi bhakt’ or ‘urban Naxal’ etc… Often the section calling another as intolerant is itself also getting intolerant.”
Calling it a “misinformation pandemic”, Justice Kaul also called out the “mindless and incessant” forwarding of WhatsApp messages without verifying their correctness, and noted that a lot of times, such messages assume racial and religious overtones.
He, however, added that regulating social media to counter fake news may violate the freedom of speech and expression and the right to privacy, calling for people to take responsibility for any content that they send out.
Also read: India’s Supreme Court has a class bias and it takes whatever the govt says at face value
When millions of migrants on roads walking without transport or food . Governments failed to respond properly ,many people expected from courts some sort of help in the humanitarian crisis. This is highly esteemed position given to courts in india.this is inherent charecter in indians. But nothing happened so people upset. Whatever help came ..Too late. Too little.
But courts missed historical opportunity people’s. Godly nature given to courts
SC judges should interospect why suddenly they are at receiving end by their own retired judges.
Govt. is doing every mischief ,why dont people blame govt and supreme nyaya, afterall they are power.
Sanctity can’t exist by virtue of perception and imposed jurisdiction. The onus of ‘to be respected’ completely lies on the very entity – which to be respected. Respect rest on trust, trust emerges out of evident performance. Since accepting the episodes of post of Governor to Member of Parliament – it perhaps reflects the prudence ideas of middle path. If the super human think tank in the premise of Law is determined in their understanding that people in the street are brainless creatures, they will certainly create and hit only the wall of intolerance, instead soul searching. Anarchy is the outcome of an incompetent delivery of governance, and the governance includes premise of Law too.
Trust on an institution evolves when people keep observing How the institution conducts itself-
when Judiciary fails everything fails.Negative comments by people on Judiciary needs serious attention but not to be told that they are misinformed
Justice Madan B Lokur has spoken truth now justice of SC has fully hungry for power and they wants to die on chair as well after retirement they entered in parliament. It’s very surprising that judges has framed separate law For them and their family and they all have kept themself above the law. The indian most corrupt police is protecting such judges and even for the cruel act of police judges never take action. Present most judges are running in the blind lust of collecting money and power on any cost and in any way. Earlier judged were satisfied and they have no connection with politician and police. But now there is different law for judges, politician and police.
Learned people instead of giving lectures should act in time. Even today common man of this country has the faith judiciary. He thinks when all the systems have failed, the judiciary can rescue them. Learned people should learn to live up to their expectations.
Everyone’s there to enjoy life at least for five years.
Fully agree with it. It is ironical – as well as most appropriate, that a judge of Supreme Court is constrained to say it.
Very difficult to applaud some of the things the learned Solicitor General has been telling the Court. When Justice Madan Lokur awards an F, which does not stand for Fantastic, that too should inspire the deepest introspection. As many as nineteen high courts intervened in the migrants issue before the apex court felt moved to direct some relief. Memories of Jabalpur.