No part of India can be called Pakistan: SC Cautions courts against misogynistic comments

 

 

THE Supreme Court on Wednesday cautioned courts against making comments that may be construed as“misogynistic” or directed towards a particular “gender or community” and said no part of Indian territory can be called Pakistan. The apex court’s strong observations came as it closed the suo motu proceedings over Karnataka High Court judge Justice V Srishananda’s alleged objectionable comments during court proceedings. The Supreme Court also noted that he had apologised for his observations during open court proceedings on September 21. A five-judge bench headed by Chief Justice D Y Chandrachud observed that since Justice Srishananda was not a party to proceedings before it, “we desist from making any further observations save and except to express our serious concern about both the reference to gender and to a segment of the community”.

 

The top court on September 20 took suo motu cognisance of the judge’s comments against a woman lawyer during court proceedings in a case and his reference to a Muslim-majority area in Bengaluru as “Pakistan” in another. “Casual observations may well reflect a certain degree of individual bias particularly when they are likely to be perceived as being directed to a particular gender or community,” the bench, also comprising Justices Sanjiv Khanna, B R Gavai, Surya Kant and Hrishikesh Roy, said on Wednesday. “Courts, therefore, have to be careful not to make comments in the course of judicial proceedings which may be construed as being misogynistic or for that matter prejudicial to any segment of our society,” it said. Referring to the text of a report submitted before it by the Registrar General of the Karnataka High Court, the bench said it amply indicated that observations made in the course of proceedings there were unrelated to the course of proceedings and should have best been eschewed.

 

“The perception of justice to every segment of society is as important as the rendition of justice as an objective fact,” it said. “Such observations are liable to be construed in a negative light, thereby impacting not only the court of the judge who express them but the wider judicial system,” it said. After the bench dictated the order in the court room, Attorney General R Venkataramani referred to some messages on X about the observations and termed them “absolutely vitriolic”. “Now you have seen the nature of the observations. We can’t call any part of the territory of India as Pakistan. Because that fundamentally is contrary to the territorial integrity of the nation,” the CJI observed. Solicitor General Tushar Mehta said social media can’t be controlled and the anonymity attached with it makes it “very dangerous”. “But should I tell you, the answer to sunlight is more sunlight. Not to suppress what happens in the courts,” Justice Chandrachud observed, adding that the answer was not to close doors and shut everything down. The bench said the prevalence and reach of social media has included wide reporting of court proceedings and most High Courts in the country have now adopted rules for live streaming or for conduct of video-conferencing. “Emerging as a necessity in the course of the COVID-19 pandemic, video-conferencing and live streaming of proceedings has emerged as an important outreach facility of courts to promote access to justice,” it said.