Hindustan Times ST (Mumbai)

Need to ensure court’s dignity is not compromise­d

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Khehar and other SC judges by a board of doctors and direction to Air Control Authority, to stop eight SC judges from travelling abroad.

All this despite the SC stripping Justice Karnan, of his judicial and administra­tive work and powers in the past. These developmen­ts have not just seriously dented the image of judiciary as a institutio­n but has also lowered the image of judges.

Attorney General of India, Mukul Rohatgi, has gone to the extent of pleading that justice Karnan has made judges a laughing stock.

While there is a pattern in the judicial indiscipli­ne, shown by Justicekar­nan in2011heca­lled Madras HC judge of discrimina­tion, in 2015 charged his other Madras HC judges of corruption and misuse of judicial office- his actions are unparallel­ed.

There have been recent instances of Justice Dinakaran and Justice Soumitro Sen also that have troubled the judiciary.

Even though the Constituti­on of India recommends impeachmen­t by Parliament to deal with situations like these – the SC has taken a different route - contemplat­ing suo motu action against Justice Karnan for lowering the image of the judiciary.

But the question that needs to be answered is – what is the best way to discipline judges and deal with their indiscreti­ons and is method to deal with erring judges?

While Justice Karnan’s case offers an opportunit­y to look for solutions in this direction, the case is not a simple one, caste equations have been dragged into it. Justice Karnan not only refuses to withdraw his allegation­s but insists on dragging in his Dalit identity to play the victim.

Moreover, this problem could not have come at a worse time for the judiciary which is engaged in a tug-of-war with the executive who want a say in the appointmen­t of judges. There are serious apprehensi­ons that this case will be used by the executive to bargain for a say in the appointmen­t

While the judges contemplat­e making Justice Karnan an example for future indiscre tions, there has to be a better way out this problem, so that every time the case comes for hearing in the SC, the dignity of the cour is not compromise­d by a defian judge.

Besides a quiet burial to the case – which allows Justice Kar nan to retire in June- and results in closure of the case, some seri ous out of box thinking is needed to deal with situations like this in future. Probably the judges can take a leaf out of the ways of the former Chief Justice of India who used the moral authority o his office to deal with controver sial judges like Arun Madan and

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