The Chhattisgarh High Court voiced concern over the rise in derogatory remarks made by internet users towards judges and lawyers. This escalation comes as court proceedings become more accessible to the public through the live-streaming of cases.
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Bilaspur: The Chhattisgarh High Court voiced its concern over the surge in derogatory comments made by netizens towards judges and lawyers, especially with the increasing accessibility of court proceedings through live-streaming platforms.
A division bench comprising Justices Goutam Bhaduri and Radhakishan Agarwal took a stern view of the situation, noting that “judge-bashing” seems to have evolved into a favorite pastime for some individuals.
The Court issued a cautionary statement, emphasizing that strict action would be taken against those who resort to contemptuous and derogatory language against the judiciary. The judgment remarked,
“It appears that ‘Judge bashing’ and using derogatory and contemptuous language against the Judges and Lawyers has become a favourite pastime of some people. These statements tend to scandalize and lower the authority of the Courts and cannot be permitted because, for functioning of democracy, an independent judiciary to dispense justice without fear and favour is paramount.”
Highlighting the importance of constructive criticism, the Court clarified that while fair and temperate criticism of the Court may not be actionable, there are boundaries that should not be crossed. It warned that individuals who exceed these limits by using derogatory language and disrupting court proceedings would face consequences.
“While fair and temperate criticism of the Court even if strong, may not be actionable, but attributing improper motives or tending to bring Judges or Courts into hatred and contempt or obstructing directly or indirectly with the functioning of Courts is serious contempt of which notice must be and will be taken,”
–the Court asserted.
During the handling of a child custody case, which was streamed live on the Chhattisgarh High Court’s YouTube channel, the court observed a disturbing trend of derogatory and contemptuous remarks directed towards judges and lawyers.
In this particular case, a father sought custody of his minor daughter, who was residing with her mother at the time. After conversing with the minor girl in their chambers, the bench noted her expressed desire to live with her father due to concerns about her safety with the mother. Consequently, the Court granted custody to the father while also allowing visitation and contact rights for the mother.
However, amidst the live-streamed proceedings, certain individuals took to the YouTube comments section to launch derogatory attacks against the judges. In response to this online harassment, one of the parties involved in the case filed an application before the Court, highlighting the disparaging comments directed not only at the judges but also at the parties involved in the case.
The comments brought to the Court’s attention ranged from questioning the judges’ competence to making personal attacks against the individuals involved in the case. Some comments even stooped to the level of suggesting criminal actions against the judges and parties.
“The nature of comments made do not aid to improve the justice delivery system. It indirectly extends threat to lawyers and tarnishes the image of the Courts and it is easy to pass a comment for a mint fresh attention on the fence without realizing the facts and to have a misplaced sense of collective pride,”
-the Court remarked, reflecting its concern over the damaging impact of such behavior on the judicial system.
To address this issue, the Court directed the Registrar General of the High Court to collaborate with the Registrar (Computerization) to implement appropriate measures to counter such comments. Additionally, the Court proposed the issuance of contempt notices to individuals responsible for posting the proceedings on social media and for making derogatory remarks against advocates, the court, and judges. The Cyber Cell Team of the State of Chhattisgarh was enlisted to aid in identifying these individuals.
The bench concluded by instructing the Registrar (Judicial) to initiate suitable proceedings and present them before the Court for further action, emphasizing the gravity of the matter and the necessity for corrective measures to safeguard the integrity of the judicial process.
Underscoring the pivotal role of the judiciary in upholding democracy, the Court emphasized that faith in the justice system is fundamental. It cautioned that if people lose trust in the justice dispensed by courts, the entire democratic structure would face collapse.
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