May,23,2016:
Stressed the Rule that You may criticise the Judgment not the Judge.
Bombay High Court has ruled that Court and Judges cannot function fearlessly and independently unless they are protected.
It strongly deprecated the attempts made by petitioners to implead Judges in Court cases.
The Bench of Justices S C Dharmadhikari and Gautam Patel ruled that no one can claim that he has full freedom to launch an attack on a Judge and that too in a contemptuous manner in the name of criticizing his judgment.
Bench stressed that if this much protection is not provided to the Judge and it is not ensured that there are safeguard against personal malicious allegations, then it will not be possible for Court and Judges to function fearlessly and in an independent manner.
Litigants and Lawyers can not breach the purity and sanctity of proceedings carried out by Judges by making personal attacks on them.
There is a golden Principle that whenever any reference is made to a judgment there is relative freedom to be critical of a judgment. However the language of such criticism must be respectful and sober said the HC.
DB gave a finding that Judges cannot be impleaded by a litigant as respondents.
the court added that no Litigant can dictate to court as to what orders shall be passed and what reliefs should be granted in a particular case.”
Read Full Text of Judgment Here-
Bombay High Court Case on Protection of Judges.pdf
Picture Source :
