Skip to main content

Justice mustn't merely be done but seen as done: Concerned citizens

Counterview Desk 
Several concerned citizens belonging to the Reclaim the Republic group have said that they "feel deeply concerned by the news report that the Prime Minister participated in Ganpati Puja at the residence of the Chief Justice of India."
In a statement signed by prominent advocates, former bureaucrats, activists, they said, "While it is no doubt the fundamental right of any individual to take part in a religious function of his/her choice, in our view, when the individual occupies a high Constitutional office, the credibility of which is subject to be influenced by public perception, it is of paramount importance that he/she occupying such an office refrains from taking part in an activity that is likely to influence public trust in that office."

Text

We feel deeply concerned by the news report that the Prime Minister participated in Ganpati Puja at the residence of the Chief Justice of India.
While it is no doubt the fundamental right of any individual to take part in a religious function of his/her choice, in our view, when the individual occupies a high Constitutional office, the credibility of which is subject to be influenced by public perception, it is of paramount importance that he/she occupying such an office refrains from taking part in an activity that is likely to influence public trust in that office. 
“Justice must not only be done, but must also be seen to be done” is a dictum laid down by Lord Hewart, the then Lord Chief Justice of England in the case of Rex v. Sussex Justices, [1924] 1 KB 256. 
The Hon'ble Supreme Court adopted a “Restatement of Values of Judicial Life” at its full Court Meeting on 7th May 1997 (), which, inter alia, laid down the following norm of conduct for judges:
“Justice must not merely be done but it must also be seen to be done. The behaviour and conduct of members of the higher judiciary must reaffirm the people's faith in the impartiality of the judiciary. Accordingly, any act of a Judge of the Supreme Court or a High Court, whether in official or personal capacity, which erodes the credibility of this perception has to be avoided”.
CJI must ensure that their conduct outside their judicial role conforms to the highest norms of judicial behaviour
This assumes particular relevance in the present context when senior public functionaries of the political executive have been often been reported making hate speeches based on religious considerations, brazenly flouting the core values of the Constitution, a member of the higher judiciary joining a political party on the eve of elections, immediately following his demitting office, around thirty former members of the higher judiciary attending a meet organised by Vishwa Hindu Parishad and the political executive lifting the 44-year old ban on public servants joining RSS.
As members of a statutory authority set up under Article 124 of the Constitution, they are required to maintain the highest standards of conduct to send a strong message to the lower judicial institutions and the public at large, that the judiciary is totally independent from the executive. This is particularly important in our context in which the state led by the political executive is a large litigant before the courts and its overarching authority has often tended to trample the rights of helpless citizens.
As concerned citizens, we appeal to the Chief Justice of India and the other members of the apex court to put in practice the “Restatement of Values in Judicial Life” that the apex Court had adopted on the 7th of May 1997, as cited above, and ensure that their conduct outside their judicial role conforms to the highest norms of judicial behaviour.
---
Click here for signatories 

Comments

TRENDING

Adani coalmine delayed? Australian senate fails to pass crucial "reform" amendment for project's financial closure

Adanis' Mundra power plant, controversial in Australia By  A  Representative In what is being described as a new “new hurdle”, the proposed Adani coalmine in the Queensland state of in Australia failed to get the crucial Australian Parliamentary nod, essential for financial closure for one of the biggest coalmining projects in the world. The government lost the Senate vote 35-33, meaning the legislation won't pass until the Senate returns in mid-June.

Paul Newman wasn't just remarkably talented, he was anti-war activist, disdained Hollywood excesses

By Harsh Thakor*  On January 26th of this year, we celebrated the birth centenary of Paul Newman, one of the finest actors of his era. His passing on September 26, 2008, after a prolonged battle with lung cancer, was met with an outpouring of tributes and remembrances from artists across the film industry, all sharing their thoughts and memories of the legendary actor.  

Aurangzeb’s last will recorded by his Maulvi: Allah shouldn't make anyone emperor

By Mohan Guruswamy  Aurangzeb’s grave is a simple slab open to the sky lying along the roadside at Khuldabad near Aurangabad. I once stopped by to marvel at the tomb of an Emperor of India whose empire was as large as Ashoka the Great's. It was only post 1857 when Victoria's domain exceeded this. The epitaph reads: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e ghareebaan gumbad e gardun bas ast." (The rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave) The modest tomb of Aurangzeb is perhaps the least recognised legacies of the Mughal Emperor who ruled the land for fifty eventful years. He was not a builder having expended his long tenure in war and conquest. Towards the end of his reign and life, he realised the futility of it all. He wrote: "Allah should not make anyone an emperor. The most unfortunate person is he who becomes one." Aurangzeb’s last will was re...

Beyond his riding skill, Karl Umrigar was admired for his radiance, sportsmanship, and affability

By Harsh Thakor*  Karl Umrigar's name remains etched in the annals of Indian horse racing, a testament to a talent tragically cut short. An accident on the racetrack at the tender age of nineteen robbed India of a rider on the cusp of greatness. Had he survived, there's little doubt he would have ascended to international stature, possibly becoming the greatest Indian jockey ever. Even 46 years after his death, his name shines brightly, reminiscent of an inextinguishable star. His cousin, Pesi Shroff, himself blossomed into one of the most celebrated jockeys in Indian horse racing.

Health expert Dr Amitav Banerjee on commercialization of healthcare and neglect of natural immunity

By AK Shiburaj  In an interview with me, eminent health expert Dr. Amitav Banerjee has examined the impact of privatization on the healthcare sector, the implications of the World Health Organization (WHO) becoming a commercially driven entity, and the consequences of a pharmaceutical industry prioritizing profit over public health. He argues that an approach ignoring the importance of natural immunity fosters a drug-centric system that undermines the benefits of modern medicine.

Haven't done a good deed, inner soul is cursing me as sinner: Aurangzeb's last 'will'

Counterview Desk The Tomb of Aurangzeb, the last of the strong Mughal emperors, located in Khuldabad, Aurangabad district, Maharashtra, has this epitaph inscribed on it: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e maa ghareebaan gumbad e gardun bas ast" (the rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave).

Hyderabad seminar rekindles memories of the spark lit 50 years ago by students

By Harsh Thakor*  History is something we constantly remember and reflect upon, but certain moments and events bring it back to our memory in a special way. For the Telugu people, and Telangana in particular, the memorial seminar held on February 20–21 was a significant occasion to recall the glorious events, transformations, leaders, and heroes of past struggles. Thousands of students rewrote the history of people's movements in Andhra Pradesh, carrying revolutionary zeal and the spirit of self-sacrifice to levels comparable to the Russian and Chinese Revolutions.

Trust, we (from People to PM and President) did not take a Holy Dip in some Holy Shit!

By Dr Mansee Bal Bhargava  I could see two deeply interlinked aspects between human and water in #MahaKumbh2025. Firstly, the HOPE that a ‘holy dip’ in the River Ganga (colloquially referred as dubki and spiritually as ‘Snan’) will cleanse oneself (especially the sins); and secondly, the TRUST that the water is pure to perform the cleansing alias living the hope. Well, I consider hope to be self-dependent while, trust is a multi-party dependent situation. The focus here is on the trust and I shall write later on hope.

Vadodara citizens urge authorities to adhere to environmental mandates in Vishwamitri River Rejuvenation Project

By A Representative   A coalition of environmental activists, ecologists, and urban planners in Vadodara has issued an urgent appeal to state and municipal authorities, demanding strict compliance with court-mandated guidelines for the upcoming Vishwamitri River rejuvenation project. Scheduled to commence in March 2025, the initiative aims to mitigate flooding and restore the river, but citizens warn that current plans risk violating National Green Tribunal (NGT) orders and jeopardizing the river’s fragile ecosystem, home to endangered species like crocodiles and Indian Softshell Turtles.  

Buddhist communities in Michigan protest for Mahabodhi Temple’s return to Buddhist control

By A Representative   Buddhist communities in Michigan have staged protests demanding the return of the Mahabodhi Vihara in Gaya, Bihar, India, to full Buddhist control. The Mahabodhi Temple, regarded as the holiest pilgrimage site in Buddhism, is currently managed under the Bodhgaya Temple Act of 1949, which grants a majority of control to non-Buddhists.