"Holders Of Public Office Ought To Be Held Accountable": Justice GR Swaminathan Releases Performance Report Upon Completing 7 Years As Judge
Upasana Sajeev
1 July 2024 3:30 AM GMT
Justice GR Swaminathan of Madras High Court has released a performance report on completing seven years as a Judge. In his report, Justice Swaminathan says that all holders of public office including Judges ought to be held accountable and Judges also have to be judges based on their performance.
Justice Swaminathan added that the parameters applicable to judges of the District Judiciary should also apply to the judges of the High Court. Thus, the judge deemed it appropriate to disclose the disposal details. In his seven years as a judge, Justice Swaminathan has disposed of 102154 cases of which 38244 are miscellaneous cases and 63910 are others.
Speaking of lawyers suppressing material facts before the court, Justice Swaminathan said that a judge had to decide everything based on the records before him, and though some judges were gifted with an extra sensory perception and had an intuitive approach, he didn't want to look at every litigant with a suspicious eye. Justice Swaminathan said such an approach would pervert his character. Saying that he wanted to trust the members of the bar, Justice Swaminathan urged lawyers to do a thorough check before filing pleadings and submissions.
Justice Swaminathan further said that the relationship between a Judge and a lawyer was different from that of a vendor and consumer. He added that while a consumer may be a one-time buyer, the layers and Judges have to see each other daily. Thus, he said that if a lawyer loses the trust of a Judge, his career may be in peril. He added that care must also be taken so that Judges do not err on facts or law and don't give a wrong judgment. He, thus, urged the lawyers to conduct themselves. Most importantly, Justice Swaminathan urged lawyers to aim to be a good lawyer than smart lawyer.
Further, Justice Swaminathan pointed out that it was the duty of lawyers to do thorough research, look up at the precedents, and make the court aware of the same. he added that the Judges were entitled to assistance and deserved to be forgiven if they suffered from occasional bouts of amnesia. While the judge made it clear that he did not wish to put the entire burden on law officers, he emphasized that lawyers should double-check the maintainability of the prayers before arguing in court.
Justice Swaminathan also cautioned against media putting words into the Judge's mouths. He added that since Judges cannot retaliate and jump into the public arena, the bar members could set the record straight in such cases and can even write letters to the editors concerned.
