STATE OF BIHAR Vs. SUO MOTU

JUDGEMENT

(1.) I wish to commence this judgment reminding myself to the golden words of Lord Denning in the case of Regina v. Commissioner of Police of the metropolis, ex parte Blackburn (1968) 2 All er 319 (CA ). He spoke thus : "let me say at once that we will never use this jurisdiction as a means to uphold our own dignity. That must rest on surer foundations. Nor will we use it to suppress those who speak against us. We do not fear criticism, nor do we resent it. For there is something far more important at stake. It is no less than freedom of speech itself. It is the right of every man, in Parliament or out of it, in the press or over the broadcast, to make fair comment, even outspoken comment, on matters of public interest. Those who comment can deal faithfully with all that is done in a Court of justice. They can say that we are mistaken, and our decisions erroneous, whether they are subject to appeal or not. All we would ask is that those who criticise us will remember that from the nature of our office, we cannot reply to their criticisms. We cannot enter into public controversy. Still lest into political controversy. We must reply on our conduct itself to be its own vindication. Exposed as we are to the winds of critism, nothing which is said by this person or that, nothing which is written by this pen or that, will deter us from doing what we believe is right; nor, I would add, from saying what the occasion requires, provided that it is pertinent to the matter in hand. Silence is not an option when things are ill done. "

(2.) THE words of wisdom of the Supreme court in the case of Special Reference No. 1 of 1964 (1965) 1 SCR 413 : (AIR 1965 SC 745) also flashes in my mind. The Supreme court observed as follows :

(3.) MEMORABLE words of H. R. Khanna, retired Judge of the Supreme Court, whom many schools and jurists described to be a living legend in his lifetime, ones spoke as follows: