No political interference in appointment of judges: CJI

Chief Justice of India K G Balakrishnan has denied any political interference in the appointment of judges and said they are appointed through routine procedure. "No Chief Minister or politician has ever approached me for any appointments," Justice Balakrishnan said in his remarks at a session of 'freedom of press/media in reporting (print and electronic) use and abuse.' The Chief Justice said the judges are appointed through the usual procedure. After consulting other judges a final decision is taken, he said, replying to a reference made by a speaker that there was political interference in the appointment of judges. On acquittals in criminal cases, Justice Balakrishnan said accused are sentenced or acquitted only on the basis of materials and evidence available on record. Contempt proceedings not to terrorise media: CJI Defending the contempt of court provisions, Chief Justice of India K G Balakrishnan has said they were not aimed at "terrorising" the media but asked the press to be cautious while reporting court proceedings, especially rape cases. However, he favoured an element of sensationalism to make news interesting. Contempt proceedings were to protect the 'Majesty' of courts. "If there is no contempt proceedings, none will implement the court orders," he said in his inaugural address at a workshop on 'Reporting of Court proceedings by Media and administration of justice for Legal correspondents and Journalists', in Kochi on Saturday. Urging the media to exercise caution while reporting court proceedings, he said caution was especially needed while reporting cases like rape wherein the names of the victim and her families should not be mentioned. "Press has a duty to keep secrecy". Touching on the issue of media sensationalising some reports, he said sensationalism should be there, otherwise all news reports would read as Kerala gazette. "Only when there is sensationalism, people will read. But this exercise should be used with a tinge of responsibility," he said. He also asked the media to exercise responsibility while reporting comments made by judges in open court. Discretion should be there on what to publish or telecast. Observing that judges can't hear cases just like robots, he said "In India there is interaction between judges and lawyers and when they speak, we report." That may not have any impact on pronouncements. "In India courts and lawyers argue and argue. It is not possible to control lawyers. So we pass comments," he said. Justice Balakrishnan said the Right to information Act was not being used with all responsibility. "It is being misused," he said but did not elaborate. Press Council Chairman Justice G N Ray said whenever attempts were made by overt or covert means to thwart the freedom of the press, the judiciary had intervened and vice versa. "There is mutual respect and love but sometimes some problems are cropping up in legal reporting," he said. There has been an apparent shift in the functioning of the print media particularly after the advent of electronic media; he said adding corporatisation of media had taken place. Mistakes were committed some times in the process of sensationalising news. Referring to a recent council sitting in Guwahati, he said he was shocked to see most newspapers had carried the name of a rape victim and details of her family following which the papers were asked to publish a front page apology. Press has accountability to the nation. Press should get proper information and facts before publishing the same, he said. He urged the media to exercise restraint while publishing court proceedings and not to put out one's opinion in such reports. "News must be unbiased. Your opinion should not be mixed with news," he said. Justice Arijit Passayat, who is also Chairman of the Supreme Court Legal Services Committee, said the relationship between media and judiciary must be carefully managed. Kerala Advocate General C P Sudhakara Prasad wanted "unnecessary comments" by judges and lawyers in courts should be avoided. Judges need to exercise self-imposed restrictions. Chief Justice of Kerala High Court, H L Dathu, Press Academy Chairman S R Sakthidharan, were among those who spoke. Chief Justice of the Karnataka High Court and Supreme Court Judge designate Justice Cyriac Joseph said judges should avoid making "unnecessary comments" while hearing a case. Journalists can also restrain themselves from giving prominence to a passing remark of a judge, he said. Justice P D Dinakaran of the Madras High Court said all court dialogues, if published or telecast will "scandalise" the rights of the parties in a case. Such hasty publications are to be avoided, he said. Freedom of press should not be mistaken as unregulated rights. "You can't do whatever you want which is not warranted," he said. Noting that the relationship between judiciary and media was "complex," he said an independent judiciary and free press have made Indian polity durable and sustainable. Justice Dinakaran said "press has contributed much and we can't ignore it." Senior Advocate of the Supreme Court L.Nageswara Rao felt that unreasonable restrictions should not be placed on the freedom of the press. It affects the society as it is market place of ideas, he said. Referring to the Aarushi murder case, he said self-restraint on the part of journalists is needed. The court is keen that public should get correct and accurate information about court proceedings, he said. Judges and media personnel from Andhra Pradesh, Karnataka, Tamil Nadu besides Kerala are participating in the workshop being organised by the National Legal Services Authority, Kerala State Legal Services Authority, Press Council of India and Editors Guild of India.

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