JUDGES SHALL NOT WITHDRAW FROM JUDGING

Article by Justice V R Krishna Iyer 

 

       No one shall be a judge without taking an oath of office, that oath is the noblest, the highest, the Everest of values and the robed brethren shall always abide by the promise so undertaken.  The greatest of the robe lies in the fact that he will do his duty without affection or illwill, influence or pressure.  This is the independence, impartiality and autonomy of the judicial authority. But there are certain circumstances he was permitted to avoid cases wherein a member of his family, a close relation or a friend is concerned. In such cases he need not state his reasons for avoiding. A Judge shall not hear and decide a matter in which a company in which he holds shares is concerned unless he has disclosed his interest and to objection his hearing and deciding the matter is raised. In all other cases he must state the reasons for avoiding the case.

The order passed by the judge recusing from a particular case is passed after perusing the files and not a general order by which certain judges used to avoid cases filed certain lawyer. A judge is then passing a judicial order in that particular case and not an administrative order. It is the common knowledge that the Chief Justice is the master of roll. If the Judge wants to avoid the case posted before him in accordance with the said roaster, he must state in writing the reasons. The Chief Justice has a right to know of the reasoning why the judge has avoided the case sent to him.

When a case comes up before a judge his oath leaves him no option but to decide he can decline to decide only if he gives binding grounds.  The integrity of the judge morally directs him to hear and decide. The conscious of a judge like that of a police officer casts a divine obligations to adjudicate. Never to say no if there is a moral reason which stands in the way of his performance of his duty he must resign from his office.  This is the command, conscious and his constitutional impunity.

              Power in a democracy is inseparably tied up with accountability.  The people vest you with power and morally bind you with the obligation to tell them on what account you exercise that power.  Power and accountability go together.  If you cannot account you do not deserve to enjoy the authority to exercise power.  Every profession which exercises public power has a duty.  To reveal the reasons as to why and you exercise the power the manner in which you did it.  The people in a democracy have a right to know the rationale and the justice behind the verdict.  When a judge avoids hearing a case within his jurisdiction the public shall not feel that he is a coward and betrays the State which empowers him with the concerned authority.  If you give or cannot give any reasons for your determination to avoid the case are you must quit the office.  To be silent in guilty, to be guilty justifies removal from office.

       Humanity was preceded by animal culture beasts and savages acted on instinct without the power of thought.  Man was the first creation which enjoyed the power of thought and intelligence, animals evolved into philistine and no mercy, no humanism, no spiritual values.  Only man first began to think the power of thought made man a moral being.  From morality came spirituality, the spiritual human the divine creature raised the rishi who could enjoy a vision.  The visionary became saint.  The saint or sage was no more a barbarian who in turn was blessed by Jesus to love his neighbor and even his enemies.  But some men became robbers when justice became perverse the innocent were sent to the Cross and Barabbas, the robber was set free.  If the world is to be good, philistines are to become christines.  On transformation is necessary.   This is possible only if humanity is integrated with divinity.  Once this creative wonder takes place a new man and a new Earth will be born.  I end this piece with a lofty thought and progressive development expressed by that sublime thinker H.G. Wells who concluded his book ‘The Outline of History’ with the following paragraph.  That is my last thought too.

‘Life begins perpetually.  Gathered together at last under the leadership of man, the student-teacher of the universe, unified, disciplined, armed with the secret powers of the atom, and with knowledge as yet beyond dreaming.  Life, forever dying to be born afresh, forever young and eager, will presently stand upon earth as upon a footstool, and stretch out its realm amidst the stars.’

 

 

 

21/02/2014                                       V.R. KRISHNA IYER