"Stop pleasing superior Court Judges in the name of protocol. Your judicious acts will protect you". Justice Krishna Bhat urges trial Court Judges.

The reply speech of Justice Krishna Bhat on his retirement has provided substantial material for serious debates concerning the institution of judiciary especially at the Taluka and District levels. 

Justice Krishna Bhat's speech makes scathing attack on the following practices.

1. Judges of the superior Courts expecting royal treatment from the trial Court Judges.

2. Kith and kin of superior Court judges trying to influence the trial Court Judges in the discharge of judicial functions.

3. Trial Court Judges trying to please superior Court Judges by unnecessary, unwarranted and often questionable methods.

Excerpts from Justice Krishna Bhat’s speech.  

“Now, I find certain coyness at the higher level and it was felt necessary to rechristen the manner of referring to subordinate Courts in a manner at variance with the nomenclature found at Chapter VI of the Constitution of India. I am not certain that all these similar measures have ensured to instil a sense of self-confidence, value of self respect and sense of independence among the members of subordinate judiciary and without that I suspect Judges at the Trial Courts are left feeling these measures are bouts of indulgent condescension to purge one’s vague feeling of guilt. Again to refer back to Hon’ble the Chief Justice Vikramajit Sen:

“On a recent visit to a District outside Bangalore, I was dismayed to find Senior Judicial Officers waiting along the way just to show their respects and as a matter of protocol. This is destructive of the dignity and self-respect of Judges and more significantly, their image in the minds of the public. Judicial Officers must not waste their time and energies on needless observance of punctilio. They should adhere to the advice of the Hon’ble Supreme Court of India, as adopted by the Full Court of this High Court.”

I have known of an instance of a Judge of a High Court who rose to become a Chief Justice of High Court subsequently addressing a letter to the Chief Justice of High Court calling for action against a District Judge all because he was not received at the Airport personally by him and it is part of the record. Such vanities are destructive of judicial independence. Such Judges render themselves unfit to hold any public positions. It is another matter that High Court promptly shot down the request calling for action against Principal District Judge. Now, I have a message from the sagacious advice of Hon’ble the Chief Justice Vikramajit Sen to our trial Judges. You will be independent so long as you avoid doing excesses in the name of protocol. You will be independent if you undertake administration including recruitment processes in a fearless and independent manner regardless of possible ‘phone calls’ and ‘slips passed’ and inevitable possible reprisals. Excesses in protocols seen by me include abject obsequiousness and gifting costly articles. It came to my knowledge that one Principal District Judge procured a costly saree to present to the spouse of a dignitary from New Delhi who was on a private visit with instructions not to wait on him and to the mirth of all those present the dignitary couple walked away without so much as looking at it.

If the progeny of the Judges of the most superior Court in the country call on the Judicial Officers at their residence with eager litigants in tow with an attempt to pass slips and thereafter, drop the name of their forbear with hints of protection, then there is a serious problem to the independence of the judiciary.

Discussions about ‘Independence of judiciary’ and threat to the same abounds the air now. To my mind, threat to ‘Independence of Judiciary’ is a myth. Independence of Judiciary is realised by an individual Judge remaining independent. How is that attained? It is only by the Judge internalising certain values and virtues. It is the Judge who is a ‘recluse’ (in the felicitous words of Sri E.S. Venkataramaiah, Former Chief Justice of India) makes for independent judiciary. A Judge acting judiciously has so many protections under law. There cannot be any threat to independence of judiciary. There is a vague and lingering view that there is less threat to the independence of judiciary written or oral from without than within; in the manner petitions, complaints, calculated branding is handled internally. Another worrisome aspect is the not infrequently heard complaint that at crucial stages in their career like period of probation, promotion, etc. Judicial Officers pass certain orders because they were “told” so. If such an allegation is established or such a perception prevails, Judge is not independent and credibility is permanently dented. What then is the remedy? At the first blush, it may appear absurd and drastic. Judges, Judicial Officers and such other high functionaries like Lokayukta/Upa Lokayukta, etc. should offer themselves for narco-analysis test with the simultaneous liability for similar test on persons named by the functionary concerned, if the functionary feels the complaint is false and motivated. Such situations have caused incalculable damage to credibility of the functionary in particular and institution at large. It goes without saying that a debate is required and safeguards should be crafted for preventing abuse of the process in this regard.”

It is high time nationwide debate is undertaken to address the serious issues raised by Justice Krishna Bhat. Today, the Judiciary is in a vulnerable state given its exposure to the world at large through media and social network. The short-clips posted on YouTube depicting one sided story. The contents of the speech of Justice Krishna Bhat are obviously backed by his experience as District Judge, Registrar General and Judge of the Karnataka High Court. The institution of Judiciary at all levels must start doing introspection to bring absolute fairness and accountability.

S.Basavaraj, Senior Advocate and Chairman, KSBC Law Academy.