HARIDAS DAS Vs. USHA RANI BANIK

JUDGEMENT

(1.) Judge bashing" and using derogatory and contemptuous language against Judges has become a favourite pastime of some people. These statements tend to scandalize and lower the authority of the Courts and cannot be permitted because, for functioning of democracy, an independent judiciary to dispense justice without fear and favour is paramount. Its strength is the faith and confidence of the people in that institution. That cannot be permitted to be undermined because that will be against the public interest.

(2.) Judiciary should not be reduced to the position of flies in the hands of wanton boys. Judge bashing is not and cannot be a substitute for constructive criticism.

(3.) During hearing of Civil Appeal No. 7948 of 2004 - it was noted that the contemnor had filed an application styled as "I.A for interim directions" purported with a prayer to initiate contempt proceedings against respondent No.4-Smt. Sharmista Das. Reference was made to a letter purported to have been written by respondent No.4 and sent to the President of India praying for removal of the then Chief Justice of India for his proved incapacity, misbehaviour and for appointment of Mr. Apu Banik (Contemnor). It was further stated as follows: