Justice AS Oka raised concerns about media trials and public comments on ongoing cases, saying they affect the justice system. He spoke at a webinar by the All India Lawyers’ Association for Justice, stressing the need for a fair and responsible judiciary. The discussion focused on keeping court cases free from outside influence. He also highlighted the importance of judicial independence and accountability.
New Delhi: Supreme Court Justice Abhay S. Oka expressed concern that media trials and public commentary on pending criminal cases undermine the justice delivery system by exerting pressure on judges.
He referenced statements made by West Bengal Chief Minister Mamata Banerjee regarding the RG Kar rape and murder case, noting,
“We have situations where a Chief Minister makes a statement that the accused will be hanged when investigation is underway. This puts some pressure on judicial officers.”
Justice Oka spoke at a webinar organized by the All India Lawyers’ Association for Justice, titled,
“Without Fear Or Favour- Towards A Responsible And Reliable Judiciary In India.”
He emphasized that public debate about court cases is acceptable, but critiques should be based on legal grounds.
He remarked,
“If a judge goes by social media or media pressure, then what they will grant is moral conviction.”
He also highlighted the issue of viral complaints against judicial officers, stating,
“There are also unscrupulous complaints against judicial officers that go viral on social media.”
He mentioned the need for protection for judges to ensure they can work without fear or favor, noting,
“A judicial officer who enters the system is also a human being, and if he faces such repeated complaints, it is bound to affect him.”
Justice Oka recognized the lack of adequate legal safeguards for trial court judges, saying,
“Regarding trial court and district court, there are no constitutional protections which constitutional court judges have.”
He called for greater support from the bar for judges working without fear or favor.
He also addressed various challenges within the judicial system, including delays in summons and the quality of assistance provided by lawyers.
He stated,
“Reliability of the system depends on various factors, including whether judges are discharging their duties without fear or favor,”
Justice Oka criticized the trend of lengthy pleadings and cross-examinations, asserting,
“This lengthy cross-examination becomes counterproductive and goes against the accused.”
He urged lawyers to collaborate for better justice quality, stating,
“Unless members of the bar act as officers of the court, the quality of justice rendered by judges will not be up to the mark.”
He further discussed infrastructural challenges faced by district judiciary, particularly in rural areas, highlighting,
“Go to taluka courts in various parts of the country; they lack basic amenities like electricity and proper facilities for women judges.”
Justice Oka also urged lawyers to cooperate with courts to minimize case adjournments, noting that witness absences contribute to delays. He criticized traditions that cause adjournments, stating,
“When a judge is strict about adjournments, there are protests by the bar… such practices must be stopped forthwith.”
Finally, he commented on the Collegium system for appointing judges, suggesting that any changes must be accompanied by a better alternative,
“No system can be perfect… if you start talking about getting rid of it, you have to start with having an alternative institution that is better than this one.”