By Justice Markandey Katju
While hearing a petition of a lawyer who wanted to be designated as a senior advocate, the Chief Justice of India, Justice Surya Kant, reportedly said that some unemployed youth were like cockroaches, and end up becoming media persons, social media users, and RTI activists, who start attacking anyone.
He also reportedly said, '' There were already parasites in society who attack the system, and you want to join hands with them ?."
When a lot of criticism was made of these remarks, he issued a clarification stating that he had been misquoted, and he was referring to people entering professions with fake and bogus degrees.
The point, however, is that why should he have made such observations at all, which compelled him to issue a clarification. The bench presided over by the CJI should have heard the petitioner and the respondent, and then passed whatever order they thought suitable. How do cockroaches and parasites come into the picture ?
There is an oft quoted statement of a former Lord Chancellor of England Sir Francis Bacon '' A much talking judge is like an ill tuned cymbal '', which means judges should talk less in court. Their job is to listen, not talk, in court. Talking is the lawyer's job. Of course if the judge needs some clarification, he can ask the lawyer for it. But otherwise he should remain silent, and after the hearing pass whatever order he thinks appropriate. The pen is ultimately in his hand.
When I was in London once I visited the British High Court during the hearing of a case. There was almost pin drop silence in the courtroom, the lawyer arguing in a very low voice, and the judge hearing silently. Occasionally, the judge would ask the lawyer for some clarification, but otherwise he was silent throughout the hearing. This is how courts should function.
A Court should have an atmosphere of serenity, tranquillity, and calm, and judges should speak little
Former CJI Gavai, on a plea in a petition before the Supreme Court by a Hindu to restore the beheaded idol of Lord Vishnu at Khajuraho, reportedly said :
“Go and ask the deity itself to do something. You say you are a staunch devotee of Lord Vishnu. So go and pray to it ( to restore its own head ) “
Where was the need for such a remark? Gavai could have dismissed the petition simply saying that there was no merit in it.
Former CJI DY Chandrachud would talk endlessly in Court.
All this lowers the dignity of a Court, and it also increases the chances of the judge being misconstrued.
As a former Judge of the Supreme Court and as an elder brother, I respectfully advise the CJI and his companion Judges of the Supreme Court to pay heed to the dictum of Sir Francis Bacon, and start talking less in Court.
(Justice Katju is a retired Judge of the Supreme Court of India and a former Chairman of the Press Council of India. These are his personal views.)
