'Exercise utmost discretion in utterances in courtrooms'
New Delhi: It is incumbent upon judges to exercise utmost discretion in utterances inside courtrooms, President Ram Nath Kovind said here on Saturday.
Addressing the valedictory function of the Constitution Day programme organised by the Supreme Court, Kovind said that in Indian tradition, judges are imagined as a model of rectitude and detachment more akin to 'sthitpragya' (a person of steady wisdom).
"We have a rich history of legions of such judges known for their utterances full of sagacity and conduct beyond reproach, which have become hallmarks for the future generations," he said.
The President said he was happy to note that the Indian judiciary has been adhering to those highest standards.
"There is no doubt that you have set for yourself a high bar. Hence, it is also incumbent upon the judges to exercise utmost discretion in the utterances in courtrooms. Indiscreet remarks, even if made with good intention, give space for dubious interpretations to run down the judiciary,"
he said.
In support of his argument, the President quoted Justice Frankfurter of the US Supreme Court in the Dennis versus United States case who had said courts are not representative bodies and are not designed to be a good reflex of a democratic society.
Their essential quality is detachment founded on independence, and history teaches that the independence of the judiciary is jeopardised when courts become embroiled in the passions of the day, and assume primary responsibility in choosing between competing political, economic and social pressure, Kovind said, quoting the US judge.
"We are legatees of an illustrious history in which legal luminaries not only shaped the national movement but also created a prototype of a selfless public figure.
"Right from the beginning, the judiciary consistently conformed to those highest standards of conduct while discharging its responsibility. In people's view, it is the most trusted institution," the President said. Kovind also expressed anguish at the remarks made against judges in social media.
