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‘Speak up, milords’

Time was when courts “spoke” through their judgments. Of late much importance is attached to the observations and comments of…

‘Speak up, milords’

Supreme Court (PHOTO: Facebook)

Time was when courts “spoke” through their judgments. Of late much importance is attached to the observations and comments of the Bench ~ in the apex court particularly ~ during the course of hearings. For those pearls of wisdom often provide much insight into prevailing judicial thinking, even if at times the final orders do not reflect some of the comments, or dilute their severity. It is in that context that the “system” should analyse the point made by a group of young lawyers that “justice” must be heard as much as it is seen”. Hence their appeal to the Chief Justice of India that he request his brother/sister judges to use the sound-system with which the courtrooms have long between equipped.

There is reason to appreciate the “case” of the young lawyers: the apex court has a strict hierarchy, Senior counsel occupy the front benches in the courtroom and the juniors often miss out on what flows from the Bench. While journalists reporting the proceedings often miss out too, the real sufferers are the litigants ~ it is common to see them surrounding counsel after the hearing inquiring after the “fate” of their pleas. Often misleading versions are presented, albeit unintentionally, which sometimes get “flashed” by the electronic media in an age of highly competitive “breaking news”. Some of that could be avoided if the microphones were activated.

The response of their Lordships is awaited, if the courts have adopted technology for enhanced efficiency ~ some lower courts have even opted for video-conferencing ~ using a public address system need not be frowned upon. Drawing parallels between the Supreme Court and Parliament might be “touchy”, but who can deny that key national issues are increasingly being processed as much in the apex court as in the national legislature, and the peoples’ “right to know” cannot be undervalued.

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It is possible that some Senior counsel will not be thrilled with the move by their juniors, and the name of “Whistle for Public Interest (WHIP)” that the group of practising lawyers and law students have chosen for themselves will not be appreciated (it does have an “upstart” ring to it), but the point on microphones seems valid. The judicial system has to change with times.

Indeed it has, but without he perceptible fall in standards that plague other institutions of the democracy. In their black robes the judges and counsel do exude a certain aura which is not to be scoffed at or ridiculed in these times, and the majesty of the Supreme Court has to be preserved at all costs. Using “mikes” will not detract from that glory, the p.a. system has been refurbished at considerable cost and money must be effectively utilised. Let the nation “hear” justice being delivered.

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