Confidence In The Institution Is Slowly Being Eroded : Senior Advocate Kapil Sibal To Supreme Court

Live Law News Network

13 Sept 2022 1:59 PM IST

  • Confidence In The Institution Is Slowly Being Eroded : Senior Advocate Kapil Sibal To Supreme Court

    Senior Advocate Kapil Sibal on Tuesday told a Supreme Court bench that the confidence in the institution is being slowly eroded."We have great regard for the chair that you sit on, this is a marriage that cannot be broken between the bar and the bench, there is no separation here and once we realize what is happening sometimes at this end and sometimes at the other end, and it disturbs a man...

    Senior Advocate Kapil Sibal on Tuesday told a Supreme Court bench that the confidence in the institution is being slowly eroded.

    "We have great regard for the chair that you sit on, this is a marriage that cannot be broken between the bar and the bench, there is no separation here and once we realize what is happening sometimes at this end and sometimes at the other end, and it disturbs a man like me, who has given his life to this court", Sibal told a bench comprising Justices Ajay Rastogi and BV Nagarathna.

    Justice Rastogi replied, "We always say that the bar and bench are the wheel of the chariot but ground reality is ….. These are two wheels god knows where the one wheel goes and where the other wheel will go while the chariot remain somewhere….. But still Mr. Sibal, end of the day we have to find out we all are concerned in this institution and this institution has given us…..So our request to the bar and to us also is to introspect as to how will we be able to sustain...how to sustain in such a nation where the faith of the common people may not be eroded, to the contrary it must be restored"

    Sibal replied that the confidence in the situation will be sustained if the rules of the game are followed by both the bar and the bench. If a litigant feels that he has been given a hearing and that the law was rightly applied, the confidence will remain, even if the decision was against him.
    "It can happen only in one way milords that we follow the rules of the game at this end and at the other end the same happens. That is the only way to restore trust, there is no other way. If I come to court and I am confident that, look no matter what, whether it goes against me, it really doesn't matter - one I was heard, the other law was rightly applied without fear and favour. If these three things happen the trust will be restored. It doesn't matter whether we lose or win it doesn't matter, it's the confidence that we have in the institution that matters, that is slowly being eroded", Sibal said.
    "What the losing side feels is more important than what the winning side feels. Losing side must also go back satisfied", Justice B. V. Nagarathna added.
    Sibal made these remarks while arguing the appeal of Abdulla Azam Khan, the son of SP leader Azam Khan, against the setting aside of his election from Suar constituency in 2017 on the ground that he was underage.
    Sibal had recently created headlines when he said in a public event that he has no hope left in the Supreme Court. He had made those remarks while criticizing the Supreme Court's judgments in Zakia Jafri and PMLA cases. 
    Recently, the Attorney General for India KK Venugopal had rejected an application made by a lawyer seeking sanction for criminal contempt proceedings against Sibal for his remarks.  The AG stated that the statements made by Sr. Adv. Sibal were so that the Court "may take note of the statements in the larger interest of the justice delivery system". As per the AG, the statements were not intended to scandalise the court or affect the confidence of the public in the institution. Accordingly the consent was declined.


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