An Appeal to the Members of the Legal Fraternity

S.Basavaraj, Senior Advocate, Bengaluru

Because we are humans”,
–President Erdoğan

Chief Justice of India NV Ramana said on Friday that “In India, political parties wrongly believe judiciary should endorse their actions, advance their political cause.”

Unfortunately this is so when it comes to common man. We expect the judiciary to reflect our school of thought. It’s ok to expect it on sound principles of law. However, what is disturbing is such expectation comes even when a politically/religiously charged matter is decided by the Courts on merits.

Take the example of the ongoing venom spewing in print and electronic media and on social network against Justice Suryakant and Justice JB Pardiwala. When the very same judges ‘postponed’ disqualification proceedings in Maharashtra and almost simultaneously allowed floor test which resulted in the formation of BJP’s backseat driven Govt, millions of people hailed them as saviours of democracy.

Now, when they express anguish over unsavoury comments, the same group of people go berserk even questioning the Judges’ political alliance.

This is simply not done. Rule of law will take its course. Judges work under extreme pressure and often want to ‘balance’ their approach in sensitive matters especially when their earlier judgments are perceived as tilted in a particular angle.

What is shocking is: even the members of the legal fraternity have joined the bandwagon in this venom spewing mission. The institution of judiciary and advocacy are two wheels of the same chariot. One cannot survive without the other. This is not to suggest that whatever the courts of law say or utter has to be accepted with folded hands. The attack on the institution by the people charged with political and religious feelings has to be mellowed down by the advocates instead of encouraging it.

This country is passing through one of the most difficult times. The. Judiciary is trying its best to decide the matters on the constitutional touchstone and to bring harmony among the religious and political groups. It is the duty of the learned Advocates to join the judicial institution in the endeavour.

Remember, all disputes, all claims and all religious and politically charged cases can be sorted out within the constitutional framework. Media and social network is not the forum to condemn the judicial institution.

Thanks
S.Basavaraj
Daksha Legal.