The Hindu : Judiciary's `intolerance' to criticism decried

Online edition of India's National Newspaper
Sunday, Mar 31, 2002

Southern States

Southern States - Andhra Pradesh-Hyderabad

Judiciary's `intolerance' to criticism decried

By Our Staff Reporter

HYDERABAD March 30. The higher judiciary in recent times had demonstrated a high degree of intolerance to fair and forthright criticism and the usage of the contempt law to muzzle criticism of judicial decisions should end, the Editor, Frontline, N. Ram, has said.

``If the people of the country cannot exercise their rightful freedom of expression and air criticism, we might as well wind up this great democratic show,'' he remarked. He warned that the right to freedom of speech and expression had suffered a serious blow in the hands of the higher judiciary and the March 6 judgment implicating writer, Arundhati Roy, would have serious implications for the freedom of press.

He was speaking on "Freedom of speech and judiciary'' at the inaugural of a two-day Media Law workshop organised by the National Academy of Legal Studies and Research University of Law here on Saturday.

``It is time to clip the wings of the judiciary on its powers to punish for criminal contempt. Airing criticism does not in any way amount to undermining the apex institution,'' Mr. Ram maintained. He said a resolution passed at a recent seminar in New Delhi on "Contempt of court'' had suggested that Parliament should make suitable amendments to the Contempt of Court Act, 1971, so that no criticism of the Court or imputation against a judge or the judiciary would come under the gamut of criminal contempt of court unless it was baseless and mala fide.

Arundhati Roy's wasn't an isolated case, he said. The highest court of the land had invoked the power to punish for criminal contempt in several other cases. He cited the examples of the Shiv Sena chief, Bal Thackeray, being hauled to the Mumbai High Court, the Editor of the Delhi-based Kal Chakra magazine, Vineet Narain, and a Chennai-based advocate who had demanded the then Chief Justice of the Supreme Court to quit office on attaining superannuation.

``Arundhati Roy might have got away with a light punishment as she is an internationally celebrated writer. But, there are many others in a less advantageous position than her in the country,'' he said.

Interestingly, the Apex Court had turned a blind eye to several serious allegations made by political personalities and the media against some judges. "The country has been witnessing mercurial jurisdiction by the Apex Court in recent times. Courts seem to apply one rule to those in power and another for the commoners,'' he said.

``We have no problem with the law of civil contempt. If one disobeys the law, they have to face the music. But, it is the criminal contempt part of the law which is posing peculiar problems,'' Mr. Ram added.

Send this article to Friends by E-Mail

Southern States

Stories in this Section

Judiciary's `intolerance' to criticism decried

DA to pensioners: Govt. to re-examine issue

Transco resorts to staggered powercuts

Unique campaign to promote peace