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The Indian judiciary is facing increasing scrutiny over comments made by judges during court proceedings that have been captured on camera. This recent trend has put the judiciary, led by Chief Justice of India (CJI) D.Y. Chandrachud, in a difficult position, balancing the need for transparency with the preservation of judicial decorum and public trust.
One such incident involved Karnataka High Court judge V. Srishananda, who made remarks deemed insensitive and unprofessional during a landlord-tenant dispute hearing. His reference to a Muslim-dominant area in Bengaluru as “Pakistan” and his comments towards a woman lawyer sparked widespread public condemnation. This incident prompted the CJI to assemble a five-judge Bench to seek a report from the High Court, marking the second time in consecutive months that the Supreme Court has investigated the conduct of High Court judges.
The Supreme Court has previously cautioned judges against making “random, gratuitous and unwarranted remarks” in court, recognizing the potential for such comments to cause “incalculable harm to the sanctity of the judicial process” in the age of widespread live-streaming. This concern is amplified by the growing availability of court proceedings online, which provides greater access to justice for citizens but also opens up the judiciary to more public scrutiny.
While the Supreme Court supports live-streaming as a vital component of the open court system, a recent case involving the R.G. Kar Medical College and Hospital rape and murder case has sparked debate regarding the potential negative consequences of live-streaming. Senior advocate Kapil Sibal, representing the State of West Bengal, pleaded before the CJI to halt the live-streaming of the proceedings due to threats received by lawyers involved in the case, including women. This incident highlights the potential for live-streaming to expose individuals involved in legal proceedings to harassment and intimidation.
The Advocates Association of Bengaluru has also expressed concern over the potential for live-streaming to amplify insensitive comments made by judges. The association has called for a suspension of live-streaming until judges receive further training on appropriate conduct and the potential impact of their words during court proceedings. This call for sensitization underscores the need for a careful balance between transparency and the protection of individuals involved in legal proceedings.
This ongoing debate underscores the challenges facing the Indian judiciary as it seeks to navigate the evolving media landscape. While the move towards greater transparency through live-streaming is commendable, it is crucial to ensure that this transparency does not come at the cost of judicial decorum, public trust, and the safety of individuals involved in legal proceedings. Finding the right balance between these competing interests will be essential to maintaining the integrity and efficacy of the Indian judiciary in the digital age.
Source: Judiciary is facing a recurrent problem in comments from the Bench caught on camera