Which law says judges can’t hold press conferences?
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Supreme Court judge Justice Jasti Chelameswar during a book launch 'Appointment of Judges to the Supreme Court of India' |PTI
Full text of Justice J. Chelameswar’s speech at a felicitation function organised by Lawyers Collective in New Delhi on 18 May, his last working day.
Ihave been a student of Constitutional law for the past 40 years. I just believed in democratic values. And today, apart from the theory which I studied, I’m convinced that these democratic liberties only belong to the bold and vigilant people… timid do not have the liberties even if they are granted by somebody… It is in the hands of you people, the younger generation and your own ideals, your own vision of what kind of India you want to live in.
… I wouldn’t wish to really blame anybody. It’s (that) the systems are such.
One-crore-a-day lawyers don’t open their mouths
It was pointed out in the last about a year and a half of whatever I had undertaken to democratize the institution. It was the younger generation that stood by me. The establishment, constitution lawyers, jurists attacked me from every side.
Personally I don’t want to offend or hurt anybody, not because I’m afraid of anybody, but out of culture I don’t like too…
The one-crore-a day lawyers, they haven’t opened their mouths, they don’t take a stand. Look here something is going wrong, it should be questioned. Something is bad, it should be destroyed.
I believe… I don’t have anything personal against anybody in the system. And I stood up for certain issues and values. I raised questions.
There is a 20th century writer in my mother tongue, my mother tongue is Telugu. (Tripuraneni) Gopichand. He wrote very prolifically. One of his books is dedicated to his father who himself was a writer of great reputation. Apart from being a revolution and while dedicating that book, he wrote… that’s been translated… ‘To my father who taught me the question why, I dedicate this book’. I think it is that question. A lot of people have said what is that law, what is the scripture.
I knew I’d have to go through all this…I wasn’t innocent
Judges don’t hold press conference to deliver judgments. I know how literally Ms. (senior advocate Indira) Jaising was critical of my Rajbala judgment (December 2015). I might be right, I might be wrong, maybe she is wrong. Point is, so long as criticism is academic, based on some functions, there is nothing wrong with it. Maybe something can happen about it. Once you start attacking personally, it is also wrong…what is the end is a different matter.
Where is the law that says judges cannot hold press conferences? They shouldn’t do it to defend their judgments… I knew that when I opened my mouth, I would have to go through all this and I was willing to take it. I was not innocent. I was not ignorant about this. I was ready to take it.
Any questioning will not be taken kindly
In September 2016, when I wrote the first letter to the then Chief Justice that I would not attend the collegium meetings henceforth, I remember a member of the bar council came to the coffee room and (during) some discussion the then Chief Justice said you invited this. I said I am ready to take the consequences. I am not shirking my responsibilities.
The systems are such that any questioning will not be taken kindly. You’re required to have that courage, determination to take on the system if you want a good change.
Remember every fight is not necessarily good. If you are convinced the fight needs to be carried on is for a good change, please go ahead. A lot of people in this country will support you. A few will even speak out, not many speak out… (but) there are people.
‘Please speak up now’
I tell you, in the last six months, there are a lot of people in this country who have walked up to me and said, ‘we are happy that you did it’. They said pleasant things. Would they have spoken otherwise?
What troubles me is this. Former judges of the high court, former judges of the Supreme Court, former Chief Justices calling me saying – brother we wish you all the strength. I said, ‘Sir, please speak up now’. And…we have a former chief justice who wished to be anonymous. Others have no opinion.
I have no problem. But most of you who have an opinion and still wish to remain anonymous… then I’ll agree with you, I’m democratic (in) that sense. I don’t have a problem if you don’t agree with me, but if you have an opinion, speak up. That’s what’s troubling this country.
And I think it is in the hands of the younger generation to take on the thing… whatever is possible I will continue my service to this country. But I wish to say, some young lawyer came up to me and said, “I was planning to get out of the country and after the 12 January press conference, I decided to stay back and fight. I have 15-20 friends of mine and all of us were thinking of getting out of this country. But now we are staying back. Not because it’s good for me, it’s good for this country.”
If people (are) trying to return to this country, it’s good for the country and the situation. And that’s what I request each one of you – whether you are members of the bar or members of the society.
I am grateful for all the support from the younger generation and I know how many youngsters have supported me in the last one year. I am grateful to them and I wish each and every one of you all the best and I wish you all strength and a bright future on whatever path you choose.
Thank you.
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