Judging is ‘under stress’ in digital era, laments senior Supreme Court judge

NEW DELHI: Judging is “under stress” in the digital era, a Supreme Court judge said Sunday, lamenting that even before a case is taken up by the court, people start discussing on social media what the outcome “should be” which influences the judges.

Talking on “Freedom of the press in the digital age” at the first Law Association For Asia and the Pacific (LAWASIA) conference here, Justice A K Sikri said the freedom of the press is changing the paradigm of civil and human rights, and the current pattern of media trials is an example of it.

“Media trials were there earlier also. But today what is happening is that when an issue is raised, a petition is filed, (and) even before it is taken up by the court, people start discussing what should be the outcome. Not what ‘is’ the outcome, (but) what ‘should be’ the outcome. And let me tell you from my experience here that it influences how a judge decides a case.

“It is not so much in the Supreme Court because by the time they come to the apex court they are quite matured and they know how the case is to be decided by law irrespective of what is happening in the media. Today judging is under stress,” Justice Sikri said.

He said the power of contempt of court is not being used that much.

“A few years ago, it has always been an opinion that once the court rendered judgment, be it the Supreme Court, high courts or any trial court; you have every right to criticise the judgement. Now there is slander or defamatory speeches even against judges who gave that judgment. And still not much is said on this,” Justice Sikri said.

Additional Solicitor General Madhavi Goradia Divan, one of the speakers at the conference, also expressed her concurring views and said that on social media, there is a massive blur between news and fake news, news and opinion, citizens and journalists.

Divan said one of the challenges was that with the growth of Twitter, lawyers had become activists too. And in that quest for activism and stardom, she added, one should not eclipse one’s professional duties as the casualty would be the independence of the judiciary and matters would be decided for the “wrong” reasons.

“It is all right to an activist be now and then. But when one has appeared on those cases, argued in those cases, tweeting immediately after (hearing) can conflict with your professional duties,” she said.