Supreme Court Judges Should Regain Sensitivity In Matters Affecting Civil Liberties Of Citizens : Justice AK Patnaik

Speaking at the seminar on 'Judicial Accountability' organised by Campaign for Judicial Accountability and Reforms, the former Supreme Court Judge underscored the need for judges to realise their true duty of protecting civil rights.

He expressed, “The role of the court is not to prevent corruption, or terrorist acts, that is for the executive and legislature. The role of the court, right from the English days is to act as a check on the legislature and executive to ensure that nobody's personal life or liberty is under threat. This is a very fundamental thing, which many of us in the Supreme Court, I am sorry to say, have forgotten..."

Justice Patnaik asserted that the Court's primary concerns should be safeguarding personal liberties and ensuring an innocent person is not unjustly imprisoned. He called for a change in the restricted thinking of the judges to align with this fundamental approach.

“ I have to ensure (in the duty as a judge) - 1. personal liberties are not affected; 2. innocent man is not behind bars - once your thinking cap changes, your approach to the Court also changes.”

Justice Patnaik reminisced about a bygone era where judges took a comprehensive view, distinct from the present approach. He emphasized the rarity of Article 32 in the constitution, underscoring its potency in enabling the Supreme Court to enforce fundamental rights. Justice Patnaik urged judges to consider Articles 21 and 32 when interpreting different laws, asserting that a careful reading of statutory provisions should pave the way for fundamental rights.

Referring to his tenure in the Gauhati High Court, Justice Patnaik recounted a crucial incident involving writ petitions filed by families of individuals arrested by the Army in the Northeast. These individuals were later killed in encounters by the Army. He stressed the importance of constitutional checks and cautioned against the potential consequences if such considerations are overlooked. He credited his sensitivity towards the rights and liberty of people to his eight-year posting in the Gauhati High Court.

“ Frankly speaking, I became more sensitive when I was posted in Gauhati HC for 8 long years. Had I not been exposed to all this, I would not have been sensitive to the rights and liberty of people.”

The 4 Antidotes: Justice Patnaik's Suggestions

Turning to solutions, Justice Patnaik outlined four critical aspects. Firstly, judges must be sensitive, with a commitment to protecting the rights of civil liberties and be objective in his/her decision-making.

“Judges have to be sensitive. They cannot leave it to the legislature or the executive to protect their liberties ... follow the principles laid down by the Supreme Court, do not go by individual views/prejudices/preferences etc. If you do that, then you will be winning as the Supreme Court.”

Secondly, an independent bar is essential, both from the executive and the judges. He cautioned against unnecessary praise for judges and judgments that may compromise the integrity of the legal system.

“Being respectful to judges doesn't mean going out of the way and giving unnecessary importance to the judges, praising judgements which are not very good.”

The third aspect was the value of discussions that transcend personalities, avoiding direct critiques of specific judges. The emphasis was on creating a platform for constructive analysis of legal principles and decisions. Such fora aim to encourage a healthy exchange of ideas, fostering an environment where legal professionals can learn from diverse perspectives and refine their understanding of the law.

Lastly, the former judge ended on an assertive note for the need to advocate for a strong public opinion culture in both written and televised forums as a catalyst for judicial improvement. Drawing from personal experience, Justice Patnaik revealed that during his tenure as a judge, he evolved and refined his judgments after engaging with different viewpoints expressed in newspapers and public discussions.

Justice Patnaik urged current and future judges to embrace critiques and opinions from various sources, emphasizing the role of public scrutiny in fostering judicial self-improvement

“When I was a judge, I improved by judgements after reading a view- we corrected ourselves.”

The video of the event can be watched here.

Live updates can be read here.

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