SC warns against 'judge bashing'

New Delhi, March 19: The Supreme Court has deplored the growing tendency of "judge bashing" by disgruntled litigants and cautioned that "judiciary should not be reduced to the position of flies in the hands of wanton boys".

The judges voiced their concern while awarding a compensation of Rs 5 lakh to a Gujarat woman magistrate forced to retire on graft allegations after a high court-ordered probe. The apex court found the probe faulty.

"Judge bashing has become a favourite pastime of some people. There is a growing tendency of maligning the reputation of judicial officers by disgruntled elements who fail to secure an order which they desire," a bench of Justices B.S. Chauhan and Fakir Mohammed said.

They upheld the appeal by Nirmala J. Jhala, who was accused by a litigant of demanding and accepting Rs 20,000 as illegal gratification when she was a chief judicial magistrate in Ahmedabad in 1991.

The apex court noted that the magistrate was "erroneously" held guilty by the high court without any basis for substantiating the allegations.
"The high court failed to appreciate that the appellant (Jhala) had not granted long adjournments to the accused-complainant as the appellant wanted to conclude the trial at the earliest."
The bench said it could not reinstate her in service as Jhala had retired long ago. The Gujarat government has been asked to pay the sum in three months.
"A subordinate judicial officer works mostly in a charged atmosphere. If the fact that he renders a decision which is resented by a litigant or his lawyer were to expose him to such risk, it will sound the death-knell of the institution."
"For functioning of democracy, an independent judiciary without fear and favour is paramount. The judiciary should not be reduced to the position of flies in the hands of wanton boys," the bench added.
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