Justice D.V. Shylendra Kumar of the Karnataka High Court has said that even as the image and reputation of the judiciary has taken a nosedive in recent times as a result of exposure of corrupt ways of members of the judiciary, judges in the superior courts routinely misuse the power to punish for contempt of court more to cover up their own misdeeds than to uphold the majesty of law.
“A power of this nature based on a procedure as is contemplated under the Contempt of Court Act is a power which, as a matter of routine, is misused and abused by the judges in the higher judiciary and has proved to be the Waterloo of many right thinking, courageous persons who have the courage of conviction to adhere to their views and principles,” said Justice Kumar while inaugurating a ‘Knowledge Meet' on the Right to Information (RTI) Act organised by the District Court Bar Association at the Bicentenary Hall at the District Court here on Saturday.
The main purpose of the RTI Act being to ensure transparency in governance, it would be a reality only if transparency was achieved in the functioning of all three organs of the State, namely, the legislature, executive and the judiciary, he said.
He observed that the bureaucracy had always been enshrined in secrecy and darkness and that the RTI Act was of great help in exposing corrupt officials. Mr. Kumar said the concepts of sub judice and of contempt of court were two hurdles that confront any discussion of the subject of the role of the judiciary in the context of the RTI Act.
Terming both the concepts as creations of adversary legal system of Britain where the judge is an umpire between two parties, he said with the advent of public interest litigation causes being brought before the superior courts, these concepts would only ill-fit.
The power to punish for contempt was draconian in nature without commensurate safeguards in favour of the persons charged with the accusation of having committed contempt of court, Mr. Kumar pointed out asserting that such a power was not in consonance with the constitutional scheme.
The concept of criminal contempt owing its origin to mid-British times was a corollary of the adage that the king could do no wrong, he said adding that this drastic power was often used by the judges in an arbitrary manner.
Calling upon the legislature to take steps to amend the Contempt of Court Act and eschew definition of criminal contempt, Mr. Kumar said earlier corruption was not as rampant in the judiciary as it was in other arms of the State.
The trend, however, was changing, he said.
Justice Kumar, whose article on disclosure of assets by judges had triggered a heated national debate on the transparency of the judiciary, said that people's representatives should work to ensure that the judiciary was cleansed. The RTI Act was a wonderful piece of legislation that could provide relief and succour to the people, he added.
Association president T. Asif Ali presided over the function held in association with the Barrister M.K. Nambyar Memorial Trust and the Diwan Bahdur Advocate T.C. Narayana Kurup Memorial Trusts.
V. Vijayakumar, Vice-Chancellor of the Ambedkar Law University, Chennai, delivered the keynote address. Additional District Judge K. Babu was also present.
