Can't call any part of India Pakistan: CJI on Karnataka HC judge's remark

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

New Delhi: The Supreme Court on Wednesday said one cannot call any part of the country Pakistan as it is fundamentally against the territorial integrity of the nation, while emphasising against making of causal remarks by judges, lawyers and litigants during the court proceedings.

A five-judge Constitution bench led by Chief Justice of India D Y Chandrachud closed the suo motu proceedings against a Karnataka High Court's judge, taking note of an apology tendered by Justice V Srishananda for his observations, describing a part of Bengaluru as Pakistan and making personal remarks against a woman lawyer during two separate proceedings.

The bench, however, asked lawyers, judges, and litigants appearing in court not to indulge in casual conduct having a wider impact, as they should understand that live streaming of the proceedings has significant reach to the audiences well beyond the court.

The bench said, "As judges, the dispositions based on our life experiences are there, at the same time, a judge has to be aware of his own pre-dispositions. It is only on the basis of such awareness we can be faithful in duty to deliver objectiveness and fairness. Casual observations can indicate a degree of bias particularly when they are directed against a gender or community."

The court also 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...," the bench said, while closing the proceedings against the Hgh Court judge.

Justice Srishananda had purportedly referred to a Muslim-dominated locality in Bengaluru as "Pakistan". The judge was also seen to have made gender insensitive comments against a woman lawyer in a separate matter.

Several handles on X objected to his remarks in their posts, prompting the court to initiate suo motu proceedings in the matter on September 20 and seek a report from the Registrar General of the High Court.

Going through the Registrar General's September 23 report on observations made by the judge, the bench said the text of the report amply indicated that the remarks made were "unrelated and should have best been eschewed'.

"Bearing in mind the apology tendered by the judge in open court proceedings, we consider it in the interest of justice and dignity of institution not to continue the proceedings further," the bench, also comprising Justices Sanjiv Khanna, B R Gavai, Surya Kant and Hrishikesh Roy, said.

The court, however, pointed out the prevalence and reach of social media has included wide reporting of the proceedings.

"Most HCs have adopted livestreaming or videoconferencing. The necessity in Covid 19, livestreaming and video conferencing has emerged for providing access to justice. The lawyers, judges, members of the court should understand that livestreaming has significant reach to the audiences, which places responsibility on them," the bench said.

Attorney General R Venkatramani submitted that he has seen the clippings of the High Court's proceedings circulated on social media.

"I was wondering if it can be taken up in chambers instead of the judicial side. I have spoken to members of the Bar in Karnataka, if a larger issue is made out then it may have other ramifications," he said.

Solicitor General Tushar Mehta submitted since the judge has now apologised, the matter may not be stretched. He also said social media cannot be controlled.

On this, the bench said, "You cannot call any part of this country as Pakistan. It is fundamentally against the territorial integrity of the nation."

The court also noted the Registrar General's report concerned with two proceedings before the judge, which took place on June 6, 2024 and then another on August 28, 2024.

"The High Court of Karnataka has notified rules on livestreaming with effect of Jan 1, 2022 and the same is transmitted through the official YouTube channel of the HC and it has 1,38,000 subscribers. It also has rules for video conferencing to regulate conduct of court proceedings. The video recordings in relation to the court proceedings in relation to June 6 and August 28 is part of video recordings maintained by HC," the bench noted.

Following the suo motu action by this court, the bench noted on September 20, Justice Srishananda, during couse of post-lunch session, proceeded to read out an address in presence of members of the Bar and members of Bengaluru Advocates Association.

The report noted that the judge has indicated that certain observations by him were quoted out of context, were unintentional, not meant to hurt sentiment of any segment of a society and that an apology is tendered if any section of the society is affected by such observations, the court said.

It closed the suo motu proceedings, also noting the judge concerned was not issued notice personally in order to maintain dignity of the judicial institution.