©The Sun, Letters to the Editor (Used by permission)
By Darshan Singh Khaira
As the Chief Justice said, Judges are not above the law. The great Lord Denning said, "May you be so high, the law is above you."
"When things are ill done, silence is not an option." The rule of law applies to all as all are equal before the law. There are at present adequate checks and balances provided for these.
We cannot apply the common law principles which are too vague. There is a need for a comprehensive Contempt Act. Otherwise the judiciary cannot be checked. A High Court judge in a recent suit against another judge went on to say that the recalcitrant judge should be removed and not sued, as judges had absolute immunity!
How can this be in this age of openness, accountability and responsibility? Indian Supreme Court cases have held that a judge can commit contempt of his own court!
The late Justice Sharma once said, when castigating a magistrate: "I need only add that a reasonable and workable amount of harmony and goodwill, if not a complete accord and adjustment, ought to prevail between the Bench and the Bar and the mere fact that a presiding officer of the court whether he be a judge or a magistrate sits a few feet higher than the floor from which the counsel addresses him should make no difference in the attitude, duties and status of the two. Both of them are part of the same machinery of justice.
"Both of them are essentially men of law and presumably of honour, no doubt performing different functions but those functions are aimed at one and the same end and that is the administration of justice with dignity, courtesy and honour, and these qualities should be seen and reflected in their respective conduct and behaviour. The Bench and the Bar both serve the public and the law which the public is expected to respect the honour.
"Those connected with the administration of law and justice should be worthy as to command that respect and honour."
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