The Supreme Court has made it very uncertain for any organisation to publish a survey on alleged corruption in lower judiciary.
The court in this regard stated that the law has permitted many trial courts to make a reference to a high court to initiate contempt proceedings against those responsible for the embarrassing findings.
This decision of the SC came in an 11-year-old case filed by Transparency International India (TII) and Centre for Media Studies (CMC), which, along with their top management, were asked by a magistrate in Kangan, J&K, in 2006 to show cause as to why contempt of court proceedings or action under criminal defamation provisions of the Ranbir Penal Code (RPC) not be initiated against them.
The magistrate had admitted an objection put forward in respect of an article in the 'Greater Kashmir' daily that quoted a survey, conducted by CMS and published by TII, on & quot widespread corruption& quot in the subordinate judiciary. But neither TII's nor CMS's representatives appeared before the magistrate in the said matter.
The bench at the SC rejected the argument put forward by a senior advocate stating that the survey was conducted by asking litigants about their experience in court, and elaborated upon the general state of affairs in subordinate courts without branding any single trial court or judge.
The senior advocate further contended that the magistrate, against whom the allegations were made, could have initiated proceedings to refer contempt proceedings to the HC. It was a general survey on the health of judiciary. Thus, if the Kangan magistrate's decision is upheld, then it would mean any or every magistrate throughout the state can initiate such proceedings.
The CJI said, & quot If I am a trial court judge and you publish a survey projecting that 90% (of the) people feel the judiciary is corrupt, then I will think it is an aspersion on my integrity. I will be fully within law to issue notice to you and seek your reply on referring contempt proceedings to the HC.& quot
However, the SC said the magistrate gave two months time to TII and CMS officials to either appear personally or through their counsel before the Kangan magistrate's court, and show cause as to why such proceedings not be initiated.
The SC also said that the petitioners were at liberty not to appear before the magistrate's court, which could proceed with the case and pass orders on referring the contempt proceedings to the HC.
OUR TAKE
The decision taken by the SC in this matter is justified on the grounds that such surveys, though anonymous in nature, can have a major impact on the common man who may start losing faith in the judicial system of the country. As it is the judiciary is often surrounded with criticism for its delay in mechanism and functioning and these allegations will only add up to such thoughts.
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