Author: Soli J Sorabjee
Publication: The Pioneer
Date: July 5, 2009
http://www.dailypioneer.com/187098/Silence-is-not-an-option.html
The judge must disclose the Minister's name
to avoid speculation and prevent politicisation, says Soli J Sorabjee, former
Attorney-General of India
A judge declining to hear a case before him
is not an uncommon occurrence. It happens when the judge has appeared as counsel
for one of the parties involved in the litigation in the past or has family
connection with them and he mentions these facts openly in court. At times,
the judge does not disclose the reason for refusing to take up the case presumably
because one of the parties has tried to approach him directly or indirectly
and does not mention the name of the party.
However, when Justice Reghupathy of the Madras
High Court stated in open court that there was communication from a Central
Cabinet Minister to him in connection with a pending case before him, there
is no reason why the name of the Minister should not be disclosed. On the
contrary, disclosure would enable initiation of contempt proceedings against
the Minister concerned because such an act constitutes gross interference
with the administration of justice. In such a situation, silence is not an
option.
Disclosure of the name of the Minister is
necessary in order to avoid speculation as to the identity of the person and
to prevent politicisation of the issue. It is a matter not between the Minister
and the judge or the parties before him, but it affects the purity of administration
of justice as a whole.
The distressing part is the mindset of some
persons, including Ministers that judges can be easily approached for a favourable
order in a pending case. Unfortunately, that also reflects on the low image
and reputation of the judiciary in certain quarters. Any such attempt on the
part of a Minister or any other person, however highly placed, would have
been unthinkable and no one would have dared to do so when I commenced practice
in the fifties and thereafter. This reprehensible tendency needs to be severely
nipped in the bud and those daring to indulge in it deserve condign punishment.
