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Nupur sharma Row: Restraint is important for Judges during Oral remarks, says Rtd CJ Iqbal Ansari

New Delhi.

THE LEGAL OBSERVER has conducted a short interview with Former Chief Justice of Patna High Court and present Chairman of Human Rights Commission of Punjab Iqbal Ansari over Justice J.B. Pardiwala’s remarks on social media with respect to Court proceedings.

Justice J.B. Pardiwala is the Supreme Court  judge who slammed the suspended BJP spokesperson Nupur Sharma regarding the Udaipur killing incident and her remarks on the prophet.

Justice Iqbal was speaking in an interview with Viplava Awasthi, Executive Editor of the legal observer. When asked about the incident he said that “It is not a decision but an observation known as Obiter dictum given by Judges, which is relevant.The Judges should think before speaking as it goes on record, therefore self restraint is necessary on their behalf”.

He further said that before Justice J.B.Pardiwala case, CJI N.V. Ramana has already commented that Judges are being targeted on Social media through campaigns.The same happened in the case of Justice Pardiwala.

He gave an example of Zakiya Jafri case where the Court has commented on Teesta setalvad and the plan happening in drawing room. “It could be in the drawing room or dinning room or even a hotel room, it could be anywhere. Court should not make observations without supporting material” said Mr.Iqbal. 

He stated that in present times social media is everywhere and Judges should proceed with caution when making remarks.

When asked about Supreme Court’s oral remarks when approached for transfer of FIR’s to single Court, will the remarks set a precedent for future rulings of Judicial fora- High court and Supreme court and Is the sanctity of Court hampered in any way?

Justice Iqbal replied, “The trial shall take place and it was not necessary on part of Nupur Sharma to comment on the prophet as India had to face a lot of backlash from the international community”.

The interviewer further asked whether to regulate social media in case of Proceedings of Court, Mr. Iqbal said, “ I am against restricting social media but the extent of the regulation is the real question, Freedom comes with responsibility and it is their responsibility also to report news that does not incite violence or disturb public order in the country”.  

He also said that there is no Laxmana rekha drawn currently and there should be a common Rekha to avoid misinterpretation.He emphasised that there are a lot of colourised versions and misconstruction of Court proceedings, also facts and opinions should be clearly stated separately.

The former CJ, when asked about the effect of public perception on Courts, said that Judgement of Courts should be fearless and just. He also said that suo motu cognisance should be taken by the Supreme Court or High Court and make broad guidelines on Freedom of media as it is high time, otherwise peace and harmony will be disturbed.

Mr. Iqbal condemned the killing of kanhaiya Lal, the Udaipur incident and said that it should not cause a chain reaction towards communal violence.

To watch the full interview, tap on the link given below:

Niharika G
Niharika G

The author is an avid blogger and likes to write on subject matters related to Law, Politics and matters of Constitutional importance.

Niharika G
Niharika G
The author is an avid blogger and likes to write on subject matters related to Law, Politics and matters of Constitutional importance.
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