CJI BR Gavai condemns criticism of Judges, orders apology to Telangana High Court Judge

BRGavai, the Chief Justice of India, has criticized criticism of trial and High Court judges, stating that it is common for attorneys to disparage judges in lower courts. He ordered a petitioner and his attorneys to express regret to Telangana High Court judge Justice Moushumi Bhattacharya for his criticism. The bench ruled that the accusations made against high court judges are disgraceful and unacceptable. Gavai stated that litigants and attorneys can be found in contempt for making false accusations against judges, citing a Constitution bench ruling. The bench mandated the case be reopened and brought before the relevant judge within a week.

New Delhi: Bhushan Ramkrishna Gavai Chief Justice of India (CJI) has voiced his disapproval of the criticism of trial and High Court judges claiming that it has become common for attorneys to disparage judges in lower courts. Today on Monday he ordered a petitioner and his attorneys to express their sincere regret to Telangana High Court judge Justice Moushumi Bhattacharya for his criticism. While considering a suo motu contempt petition a bench consisting of Justices K Vinod Chandran Atul S. Chandurkar and CJI BR Gavai issued the ruling.

According to the bench the accusations made against the high court judges are disgraceful and unacceptable. The case concerns a petition for transfer that N Peddi Raju filed. It charged the high court judge with bias and injustice for dismissing a criminal case under the Scheduled Castes/Scheduled Tribes (SC/ST) Act against Telangana Chief Minister A Revanth Reddy. The docking of judges and the making of such accusations by litigants are unacceptable.

High Court judges have the same rights and protections as Supreme Court judges and are constitutional officials. While arguing the contempt notice case senior advocate Sanjay Hegde offered an unqualified apology and clarified the situation surrounding the remarks.

According to CJI Gavai when litigants and attorneys doubt the judges impartiality in politically delicate cases this behavior has become a troubling trend. According to him there is a current tendency for people to believe that justice will not be served in a High Court case involving a politician.

Chief Justice BR Gavai stated that litigants and attorneys can be found in contempt for making false accusations against judges citing a Constitution bench ruling. The bench mandated that the previously decided case be reopened in the Telangana High Court and brought before the relevant judge within a week. The petitioner was also required to offer an unqualified apology to the judge.

According to the court the judge will then make a decision within a week regarding whether or not to accept the apology. Additionally Chief Justice Gavai cited a recent ruling by a three-judge panel that supported accepting an apology in these circumstances rather than taking punitive action. Forgiving instead of punishing is the path to wisdom.