SC adjourns hearing on plea to declare no freedom of speech on subjudice matters
Aug 17, 2020
New Delhi [India], Aug 17 : The Supreme Court on Monday adjourned the hearing on a public interest litigation (PIL) seeking to declare that there shall be no freedom of speech and expression with respect to subjudice matters and final orders and judgments passed by the courts, except to the extent of fair and true reporting.
A bench headed by Justice Arun Mishra adjourned the hearing on the PIL, filed by Dr Subhash Vijayan, for fifteen days.
During the hearing today, Vijayan submitted before the bench that judges cannot defend themselves against attacks. "Judges are not politicians," he said.
Vijayan, in his plea, said that a trend is growing where a set of lawyers criticise the judges and the judiciary while directly or indirectly imputing motives to the judges for passing a verdict in a specific way. It said these acts prima facie constitute contempt of court.
"Doing otherwise, directly or indirectly, would bring disrepute to the judiciary, and shake people's confidence in the system. If anyone has any grievance, he has the right to move the courts through appropriate proceedings. Ranting out in the media and imputing motives on the judges is neither good for the system nor a solution to the grievances," the plea said.
It objected to lawyers, particularly some senior advocates, who consume courts' "precious time" and then express their displeasure with the outcome of court proceedings in the public domain.
"Till what time is this court going to tolerate this unhealthy practice of maligning the courts and its Judges by the disgruntled and those with ulterior motives?" it added.
The plea said that while criticising the judgments on points of law is fair and healthy criticism and a sign of a mature democracy, it is unhealthy to impute motives to the judges.
