By Justice Markandey Katju-
(Justice Markandey Katju is a former Judge, Supreme Court of India, and former Chairman of Press Council of India. The views expressed are his own)
There is an oft-quoted statement by Francis Bacon, former Lord Chancellor of England: “A much-talking judge is like an ill-tuned cymbal.” Unfortunately, Indian Supreme Court and High Court judges rarely follow this dictum and usually talk too much in court.
One example was the hearing in the case of Baba Ramdev (the yoga teacher accused of selling fake medicines on a large scale) in the Indian Supreme Court. Why were the judges on the bench so vocal in this case? They should have quietly heard the case and then decided whatever they wanted.
One judge reportedly said that Ramdev and his associate Balkrishna were “not off the hook”.
Another judge remarked, “You are not so innocent.”
One judge even said, “We will rip you apart.”
Do such threats behove a judge? Do they convey an atmosphere of tranquility and serenity which are the hallmark of proceedings in a court?
It is a long-standing, well-established convention in the judiciary that judges should only speak through their judgments, not by oral
sermons and homilies in court, or discourses in public gatherings.
While in England a few years back, I visited the High Court. There was pin-drop silence in the court, the lawyer arguing in a very low voice, and the judge quietly hearing the case. Occasionally, the judge asked some questions to clarify a point, but that was about all.
Indian judges too should learn to behave like that, instead of talking too much. The atmosphere of the Court should be one of serenity, tranquility, and calm, the lawyer arguing in a low voice, and the judge listening silently and patiently, unperturbed.
Hon’ble Justice A.S. Anand, former Chief Justice of India observed ”With a view to see that judicial activism does not become ‘judicial adventurism’, the courts must act with caution and proper restraint. They must remember that judicial activism is not an unguided missile. Failure to bear this in mind would lead to chaos. Public adulation must not sway the judges ”.
I must say regretfully, and without meaning any disrespect, that the Supreme Court Judges hearing the suo motu proceedings (which I thought were unwarranted) regarding the Kolkata doctor who was raped and murdered, spoke too much in Court.
Apart from that, judges should rarely attend public functions and should be reclusive. Once one accepts judgeship, he/she must sit at home in the evenings, instead of going out to parties or giving public lectures and homilies on freedom, democracy, etc., at public gatherings, as many Indian judges sometimes do.
