‘Can’t Call Any Part Of Territory Of India As Pakistan’, Says SC Closing Proceedings Against Karnataka HC Judge

Suo Motu proceedings against a Karnataka HC judge for objectionable comments have been closed by the apex court after the judge apologised in open court. The Supreme Court considered this apology pivotal in concluding the matter.

The Supreme Court on Wednesday closed the proceedings against a judge of the Karnataka High Court after taking note of his apology in an open court proceeding on September 21. During a recent hearing on a landlord-tenant dispute, Karnataka High Court judge Justice Srishananda called a Muslim-majority area in Bengaluru "Pakistan" and made a misogynistic remark involving a woman advocate.

A five-judge bench, led by Chief Justice of India DY Chandrachud and comprising justices S Khanna, BR Gavai, Surya Kant, and H. Roy, noted that the judge has tendered an apology and added, “bearing in mind the apology that has been tendered by high court judge in open court proceedings, we would consider it in the interest of justice and dignity of the institution to not pursue these proceedings further”.

The CJI said: “We have consciously desisted from issuing notice to the judge….”.

The apex court stressed that the prevalence and reach of social media have included wide reporting and most high courts have adopted live streaming or videoconferencing, and the necessity, during the Covid-19 pandemic, of live streaming and videoconferencing has emerged as essential for providing access to justice

The apex court stressed that causal observation during the court proceedings may reflect individual bias and courts have to be careful to not make comments, which may be considered to be misogynistic to any segment of our society.

The CJI said, "We cannot call any part of the territory of India as Pakistan. That is fundamentally contrary to the territorial integrity of the nation".

The apex court said such controversies should not trigger a demand to stop live streaming of court proceedings.

"Social media can't be controlled and the answer to sunlight is more sunlight. Not to suppress what happened because this is an important reminder to everyone and the answer is not to close doors and shut everything down but to say look....", said the CJI closing the proceedings against the high court judge.

The high court judge had said that certain observations made by him have been quoted out of context on social media.

Attorney General R Venkataramani said I have also seen the clippings, I was wondering whether there will be inhouse proceedings and added that he was in Bangalore and had a word with the members of the bar not only regarding the judge but other things. Solicitor General Tushar Mehta said sometimes we also say things, we are all under the gaze of the public now.

Last week, the Supreme Court took note of a controversial comment by a Karnataka High Court judge during a recent hearing and has sought a report from the state's chief justice.

On September 20, A five-judge bench led by Chief Justice of India D Y Chandrachud took suo motu cognisance of alleged controversial and objectionable comments made by a judge of the Karnataka High Court against a woman lawyer during court proceedings. Taking note of viral videos where Justice Vedavyasachar Srishananda can be heard calling a Muslim-majority area in Bengaluru “Pakistan”, a five-judge Supreme Court bench led by CJI emphasised the need for maintaining judicial decorum.