Tuesday 28 April 2015

Editorial: Finally, a good move.

Photo: http://www.digitaljournal.com/img/2/4/1/2/6/0/i/7/0/8/o/BETSEY84.jpg


By
Nebil Nizar

T
he late but apt move of the Kerala Judicial Officers Association in taking up the cause of Judges, who cannot defend themselves before the general public, is highly appreciated.

The resolution passed by the association, in the backdrop of allegations against a serving Judicial officer, says that using derogatory language to condemn the official actions of a judicial officer is an attack on the institution of the judiciary and interferes with the administration of justice.

As a tolerant, free, and democratic society, every individual has the right to criticism and dissent. In numerous decisions, the Supreme Court of India has made it clear that, while judgements may be criticised, judges cannot be. With this in mind, the alleged procedural irregularity on the part of the Chief Judicial Magistrate may be criticised, but he cannot be bashed personally. Here, the media went to the extent of questioning his integrity and some sections of the media, accustomed to calling His Honour by his first name, went to the extent of alleging collusion with the chief of government.



The High Court of Kerala, as the protector and guardian of the Subordinate Courts, by powers conferred under Art. 235 of the Constitution of India, must monitor the situation and if the media continues to tarnish the image of the Subordinate Judiciary, contempt proceedings must be initiated.

Today, a multi-crore rupee scam involving the higher-ups in the political and permanent executive has been reduced by the media into a sex scandal alone. Truly, the media has lost its direction.

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