‘Judges Suffer In Silence’: Punjab and Haryana Bar Council Condemns Use Of Social Media For Scandalising Judiciary

Stating that the vilification of the judiciary by making outlandish allegations on public forums obstructs the administration of justice and does not come within the ambit of fair criticism, the letter said that:

“Courts have always been open to public observation and fair legitimate criticism. Judges have traditionally encouraged the open exchange of ideas and critiques regarding the legal system, as long as the objections do not jeopardise or obstruct the administration of justice. Free speech is important but cannot be used to maliciously interfere with the administration of justice.”

The letter addressed to the general public has been issued on the heels of the high court taking action against dismissed Punjab DSP Balwinder Singh Sekhon and one Pradeep Sharma for circulating "malicious", "libellous", and "derogatory" videos on social media in respect of judicial proceedings.

“Many a times, while maliciously using tech media platforms through channels like Balwinder Sekhon speaks, Main Punjabi Manch (NGO), Scroll Punjab TV etc. some persons have tried to scandalise Courts to suit their own convenience. While asserting their rights and cloaking themselves as whistle blowers, such men, with own set agendas, have crossed the Lakshman Rekha at various occasions.”

The Bar Council pointed out that judges are the ultimate sufferers in this scenario since they cannot publicly respond to such outlandish allegations by appearing on public forums. “Although the magnanimity of the Courts need no defence, and while men like Balwinder Singh Sekhon and Pardeep Sharma meet their own fate as law takes its own course, the Council cannot be a mute spectator as Judges suffer in silence…” the letter read.

It also said that allowing media platforms to be used by such persons to cast "egregious aspersions" on courts and its judges and using "invective descriptive taglines" is nothing short of subversion. No one can be allowed to undermine the court's authority and try to devalue the public confidence of justice to suit their own agendas, said the Bar Council.

"Courts have always been open to public observation and fair legitimate criticism. Judges have traditionally encouraged the open exchange of ideas and critiques regarding the legal system, as long as the objections do not jeopardise or obstruct the administration of justice. Free speech is important but cannot be used to maliciously interfere with the administration of justice. Vilification of judges and the judiciary would lead to the destruction of the system of administration of justice and will not come within the ambit of fair criticism." 

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