Pardiwala’s remarks came amid an uproar in a section, especially on social media, over the harsh remarks made by a division bench of the apex court. cut the sun and suspended against BJP leader Nupur Sharma For his comments on the Prophet. The bench had said that his “loose tongue” had set the entire country on fire.
Since then both judges have been accused of harming Sharma, and the attack has gained rapid momentum on social media.
Pardiwala said people with half-knowledge are using social and digital media platforms to attack judges, some of whom are “shaken” and “more shaken” by the media’s response than the rule of law when deciding cases. can pay attention”.
He said that non-judicial factors are shaping public opinion in matters related to law and constitution due to agenda driven social and digital media and pointed out how some people tried to politicize the Ayodhya verdict by imposing intent on judges. He said that the politicization of the matters under consideration has to be stopped.
“I also talk about the media. Trial is essentially to be done by the courts. However, in the context of modern times, testing by social and digital media is an unfair practice in the process of judicial system crossing the Lakshman Rekha at times. There is interference. This is particularly worrisome when half-truths begin to scrutinize the judicial process, for whom the concept of judicial discipline, binding precedent and the inherent limits of judicial discretion are misleading. This class of people is a threat to the system. The real challenge is that of justice,” he said.
He said social and digital media were resorting to expressing personal opinion against judges and attacking them “instead of constructively and critically evaluating the decisions”.
“This is exactly what is harming judicial institutions and undermining its dignity. Constitutional courts have always accepted informed dissent and constructive criticism. But the threshold always stifled attacks driven by personal agendas … it That is where digital and social media are needed to uphold the rule of law in the country and our Constitution is essentially regulated. The attacks on judges for judgments create a dangerous scenario where judges have to But more attention has to be paid to what the media thinks rather than what the law actually says,” he said.
He said that India still cannot be classified as a fully mature and informed democracy and expressed concern that “social and digital media are often employed to politicize purely legal and constitutional issues”. Used to be”.
Justice Pardiwala was speaking at the 2nd Justice HR Khanna Memorial National Symposium organized by Dr Ram Manohar Lohia National Law University, Lucknow and National Law University, Odisha as well as Confederation of Alumni of National Law Universities (Cain Foundation).
Referring to media trials, especially by social and digital media, he said that in high profile cases, the immense power of the platform is being constantly exploited to declare a person guilty or innocent even before the trial is over. . He said that the influence of media is such that society starts trusting him even before the outcome of the case.
He said Parliament should consider making laws to regulate social and digital media and amending the Information Technology Act and the Contempt of Court Act “to deal with interference in the judicial process, especially in sensitive sub-judice cases”. “.
He said the rule of law should prevail in all matters and cited various judgments of the apex court to uphold the rights of all sections of the society. Terming the ‘Fundamental Rights’ chapter of the Constitution as the “North Star” of the universe of constitutionalism, he said, “Under our constitutional scheme, no minority group is deprived of rights because they do not follow a majoritarian approach to life. “.
watch Law is necessary to regulate media, social, digital media crossing ‘Lakshman Rekha’: Supreme Court Judge