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 of Francis Bacon, former Lord Chancellor of England, “A much talking judge is like an ill tuned cymbal.” Indian Supreme Court and High Court Judges rarely follow that dictum, and usually talk too much in Court.
The latest example is the hearing in the case of Baba Ramdev (the yoga teacher accused of selling fake medicines on a huge scale), which is still going on in the Indian Supreme Court. Why were the judges on the bench talking so much in Court in this case? Were they keen to get their remarks quoted next day in the media? They should have quietly heard the case, and then decided whatever they wanted.
One of the judges on the bench reportedly said that Ramdev and his associate Balkrishna were ”not off the hook”.
Another judge on the bench reportedly said ”You are not so innocent ”
One judge on the bench reportedly remarked, ” We will rip you apart ”
Do such threats behove a judge? Do they convey an atmosphere of tranquility and serenity required in a court?
It is reported that the judges said that Ramdev’s apology in the newspapers should be the same size as its advertisements. Where was the need for this pontification?
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 when I visited the High Court there was pin drop silence in court, the lawyer arguing in a very low voice, and the judge quietly hearing the case. Occasionally the judge asked some question to counsel to clarify a point, but that was about all.
Indian judges too should learn to behave like that, instead of being garrulous. The atmosphere of the Court should be of serenity, tranquility and calm, the lawyer arguing in a low voice, and the judge listening silently and patiently, and unperturbed.
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 habitually do.
