Date:30/11/2008 URL: http://www.thehindu.com/2008/11/30/stories/2008113053880500.htm

Andhra Pradesh - Hyderabad

Ban on incriminating SMS messages justified

Special Correspondent

Measure taken by J&K as terrorists are using the facility to kill targets

Supreme Court judge advises lawyers to be brief in their arguments
‘Supreme Court Bench has lost two weeks hearing arguments on only two petitions’

HYDERABAD: Justice P. Sathasivam, Judge of the Supreme Court has defended a recent judgment delivered by Chief Justice of India K.G. Balakrishnan and himself permitting the Jammu & Kashmir government to prohibit incriminating messages to be passed on over mobile phones with the help of text (SMS) facility.

A two-judge Bench of the Supreme Court comprising justices Balakrishnan and Sathasivam allowed the Jammu Kashmir government to implement the measure which was earlier stayed by the Andhra Pradesh High Court.

Speaking at a lecture organised by the AP High Court Advocates’ Association here on Saturday, Justice Sathasivam said the verdict was given after the J & K Advocate General said that the government had decided to prohibit incriminating messages because terrorists were using SMS facility to kill targets.

He referred to the Jammu & Kashmir example while emphasising the importance of judicial autonomy in resolving conflicts that threatened democratic principles. Otherwise, different sections might try to hijack the judicial system for their personal benefits, Justice Sathasivam said.

Plea to lawyers

Justice Sathasivam appealed to lawyers to be brief in their arguments so that courts could take up more litigations.

In this context, he regretted that the Constitutional Bench of the Supreme Court lost the last two weeks hearing arguments on only two petitions.

Dragging arguments

The Bench, including him, heard the lawyers for eight days on reservations in respect of Schedule Castes, Schedule Tribes and Backward Classes in panchayats in the backdrop of the 73rd and 74th Constitutional Amendment empowering local bodies.

Chief Justice of Andhra Pradesh High Court Anil R. Dave also said lawyers were unnecessarily dragging arguments and in the process, antagonised judges. This was in spite of knowing well the strengths and weaknesses of their cases.

“In 90 per cent of cases, they know whether they would win or lose.”

To simplify procedures

Justice Dave said he would take steps to simplifythe procedures for filing writ petitions by incorporating provisions for affidavit, memo, main prayer and interim relief in a single comprehensive petition instead of three sets of documents as required presently.