Judges Should Not Go To Facebook At All, Can't Comment On Judgments : Justice BV Nagarathna

The Supreme Court, while hearing a matter pertaining to the termination of 2 lady judicial officers by the Madhya Pradesh High Court, orally observed that judges should refrain from using social media and more particularly, they should not express any opinion about judgments on social media. 

These observations were made by Justice BV Nagarathna in the context of a lady officer who had posted somethings on Facebook, which now forms a part of the material based on which she was terminated from service. 

A bench of Justices Nagarathna and NK Singh is currently hearing a suo moto case against two lady judicial officers who were terminated by the Madhya Pradesh High Court.  

Today, while dealing with the termination of lady judicial officer Sarita Choudhary, Senior Advocate and amicus curiae, Gaurav Agarwal, read the various complaints against the officer. He informed the bench that the officer had also made a post on Facebook. He added that the file relating to this complaint was kept in abeyance by the Chief Justice of the High Court. 

On this, Justice Nagarathna questioned why judges put all this on Facebook. She added: "They should not go to Facebook, these judicial officers...They should not comment on judgments because tomorrow if the judgment is cited, judge has already expressed one way or the other. It is an open platform...It is as good as saying in the public. See so many sacrifices judicial officers and judges have to do...They should not go into Facebook at all."

Senior Advocate R Basant (appearing for Sarita) concurred that no judicial officer or judge should go to Facebook to post anything related to judicial work. He said: "It's time we have a very very definite understanding that nobody will go on social media...the day you accept judgeship, you know that it comes with all this. You can't have the best of the both worlds." 

Basant added that however in this case, the post does not cross the line of judicial impropriety. 

Justice Nagarathna replied: "If you want freedom, you cannot be...don't accept elevation to the High Court and say, we value our freedom and we cannot be at a restraint. But there are others who don't mind. You see, they are passionate for judging, adjudication or what you call passing orders. Granting justice..They don't mind having restraint...That is why, suitability is one aspect which is considered in the interviews for judicial officers. There is no place for flamboyance amongst judges."

Basant stated that judges learn to live like a hermit. He said: "In every judicial academy, in the induction course we tell them you are opting to follow the life of a hermit...many thing they don't know. They have to be told. They have to be...We keep drilling into them, if you are not willing for that, don't come. Best to get out rather than continuing a life of horror. If you don't enjoy, it will be a life of horror." 

Justice Nagarathna added: "Live like a hermit, work like a horse."

Case Details: SARITA CHOUDHARY v. HIGH COURT OF MADHYA PRADESH AND ANR., W.P.(C) No. 142/2024

Appearances: Senior Advocate R Basant (for Sarita), Senior Advocate Gaurav Agarwal (Amicus) and AOR Arjun Garg (for Madhya Pradesh High Court)