CIVIL

Boycotting Court

Justice P. B. Sawant speaking for the Supreme Court In Re: Sanjiv Datta and Other held “our legal system, in fact, acknowledges the fallibility of the courts and provides for both internal and external checks to correct the errors. The law, the jurisprudence and precedente, the open hearings, reasoned judgment, appeals, revisions, references and review constitute the internal checks while objective critiques, debates and discussions of judgments outside the courts and the legislative correctives provide the external check. Together, they go a long way to ensure judicial accountability. The law, thus, provides procedure to correct judicial errors. Abuses, attribution of motives, vituperative terrorism and defiance are no methods to correct the errors of the Courts. In the discharge of their functions, the Courts have to be allowed to operate freely and fearlessly but for which impartial adjudication will be an impossibility. Ours is Constitutional government based on the rule of law. The Constitution entrusts the task of interpreting and administering the law to judiciary whose view on the subject is made legally final and binding on all till it is changed by a higher court or by a permissible legislative measure. The court’s verdict must be respected not necessarily by the authority of its reason, but always by reason of its authority. The legal profession is a solemn and serious occupation. It is a noble calling and all those who belong to it are all its honourable members. Although entry to the profession may be held by acquiring a mere qualification on technical competence, the honour as a professional has to be maintained by its members by their exemplary conduct, both in and outside the court. The legal profession is different from other professions, in that, what the lawyers do affect not only an individual, but the administration of justice, which is the foundation of the civilised society. Both, as a leading member of the intelligentsia of the society and as a responsible citizen, the lawyers has to conduct himself as a model for others, both in his professional and in his private and public life. The society has a right to expect of him such ideal behaviour. If the profession is to survive, the judicial system has to be vitalised. No service will be too small in making the system efficient, effective and credible.”


In Re: Sanjiv Datta and Others, (1995) CriLJ 2910 : (1995) 3 JT 538 : (1995) 2 SCALE 704 : (1995) 3 SCC 619 : (1995) 3 SCR 450 : (1995) 2 UJ 786

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Categories: CIVIL, DEFINITIONS

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