March,16,2016:

Madras High Court Justice says, 'Judiciary still has an element of feudal mindset'

Judiciary still has an element of feudal mindset, and unless representatives from scheduled communities, women and minorities are involved in the process of selection of judges, social justice could not be achieved in judiciary, said Justice D Hariparanthaman of the Madras high court.

Delivering his farewell address here on Wednesday, the judge said besides the three-judge collegiums which shortlist names for appointment of judges for high courts, members from these sections of the society should be involved. "Until then, social justice cannot be achieved," he said.

Recalling his assumption of office more than seven years ago, he said both during his swearing in and farewell, the legal fraternity in Tamil Nadu were undergoing difficult times.

It was in February 2009 that the Madras high court witnessed unprecedented police action against advocates resulting in injuries to scores of lawyers and damage to court halls, lawyers chambers, libraries and vehicles.

The judge referred to those times, and said at present more than 40 lawyers had been prohibited by the Bar Council from practising before any court or tribunal.

Referring to the recent Patiala court violence in Delhi, Justice Hariparanthaman said the Bar Council of India chairman was quoted as having said that action against those lawyers would be taken depending on the outcome of inquiry and probe by authorities.
In the case of Tamil Nadu lawyers, more than 40 were suspended by the Bar Council without an inquiry, and they were serving suspension for a long period now, he said, and demanded immediate withdrawal of their suspension. "Let the action be based on the ongoing inquiry," he said.
As for threats to freedom of speech and expression, Justice Hariparanthaman said freedom should be total. The 'reasonable restrictions' imposed on freedom of speech under Article 19(2) of the Constitution should be completely removed, he said. "Once that is done, all other laws and proceedings standing against free speech will be gone," he said. TOI

 

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