"We Cannot Call Any Part Of India As Pakistan; That's Fundamentally Contrary To Territorial Integrity Of Nation": SC While Closing Suo Moto Proceedings Against Controversial Remarks By Karnataka HC Judge

The Supreme Court today closed the suo moto proceedings that it initiated on the controversial remarks made by Karnataka High Court judge Justice V Srishananda, following the circulation of two viral videos on social media.

The Bench of Chief Justice DY Chandrachud, Justice Sanjiv Khanna, Justice BR Gavai, Justice Surya Kant, and Justice Hrishikesh Roy observed, "The lawyers, judges, and members of the court should understand that live streaming has significant reach to the audiences well behind the court. This places responsibility on lawyers, judges, and litigants appearing in court for the casual conduct having a wider impact."

"As judges, the dispositions based on our life experiences are there; at the same time, a judge has to be aware of his own pre-dispositions....it is only on basis of such awareness we can be faithful in duty to deliver objectiveness and fairness....Casual observations can indicate a degree of bias, particularly when they are directed against a gender or community. The text of the report amply indicates that the observations made were unrelated and should have best been eschewed," the Bench remarked. 

The CJI remarked, "Seeing the nature of the observations, we can't call any part/territory of India as Pakistan; that's fundamentally contrary to the territorial integrity of the nation...Social media can't be controlled. But the answer to sunlight is more sunlight, not to suppress what happens in courts because this is a very important reminder to everyone and the answer is not to close doors and shut everything down, but to say, look, please..between these four walls." 

At the outset, the CJI said, "We have received the report from Registrar General of the Karnataka High Court." The CJI shared a copy of the status report with Attorney General (AG) R Venkataramani and Solicitor General (SG) Tushar Mehta.

The AG briefly submitted, "I have also seen the clippings; I was wondering whether there will be in-house proceedings....In Bangalore, I had a word with the members of the bar not only regarding the judge but other things."

The SG submitted, "Sometimes we also say things; the thing is, we are all under the gaze of the public now. We just have to be a little careful now. There is no point, according to me, to stretch this forward."

The Court noted that the Registrar General has submitted a duly transcribed transcript of the hearings of June 6 and August 28, 2024. The Bench also noted that the report also contains a narration of the proceedings. 

"The High Court of Karnataka has notified that the 2021 rules of live streaming, report states that live streaming is conducted according to the rules and through the Youtube channel of the High Court, and currently it has 1 lakh+ subscribers," the Court said. 

"After this Court had taken suo moto cognzance of the above events, the Court presided over by Justice V Srishananda assembled on September 21, and in the post-lunch session, the judge in question proceeded to read out in the presence of the bar. The report of the Registrar General contains the text of what was said by the Judge on 21 September...the proceedings before Justice Srishananda on September 21, he says that some observations were quoted out of context; he says they were unintentional and not intended to hurt the feelings of any section of society. He has tendered an apology," the Bench added. 

The Bench opined, "Bearing in mind the apology tendered by the Judge of the High Court on September 21, 2024, in open court, we consider in the interest of justice and dignity of the institution to not pursue these proceedings further." It further said that they have consciously desisted from issuing notice to the judge of the High Court in the matter. 

"The prevalence and reach of social media have included wide reporting. Most High Courts have adopted live streaming or videoconferencing. The necessity in COVID 19, live streaming and video conferencing has emerged for providing access to justice," the Court further said. 

Additionally, the Court closed the suo moto court proceedings that it initiated on September 20. 

Pertinently, on September 20, the Court had taken suo moto cognizance of the controversial remarks made by Karnataka High Court judge Justice V Srishananda, following the circulation of two viral videos on social media. The Bench had sought a status report from the Registrar of the High Court. It had also sought the assistance of Attorney General (AG) R Venkataramani and Solicitor General (SG) Tushar Mehta in the matter.

The videos in question depict Justice Srishananda making two controversial remarks during judicial proceedings. In one video, he refers to a Muslim-majority sub-locality in West Bengaluru as "Pakistan."

"Go to that Mysuru Road flyover. Every autorickshaw has 10 people. It is not applicable because the Mysore flyover right up to the flower market from Gori Palya is in Pakistan, not in India. This is the reality. This is the reality. No matter how strict police officers you put there, they will be beaten up there,” Justice Srishananda had said.

“In a foreign country, even if you are going slow at the speed of 40 kmph, the police will come and shift you to the slow lane. Here, you go at your own speed, break the law, and you get away with 304A. What is the fun? Go to any private school today, invariably you will see students riding scooters. The principal doesn’t take any action, and parents do not take any action. Autorickshaws full of 13, 14, and 15 students. Even after that incident where that van capsized and three small children died. No action. Police is totally inactive. They are into lobbying. The majority of these schools are run by so and so...they will manage," he had remarked.

In another, he reprimands a woman lawyer for responding to a question addressed to opposing counsel, jesting that she might even reveal the color of the opposite party’s undergarments.

Cause Title: In Re: Remarks By High Court Judge During Court Proceedings [SMW(C) No. 9/2024]

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