While commending about tolerance shown in the Indian society, the Bombay High Court (HC) On Tuesday, December 16, said it is difficult virtue to practise for a country with a population of 1.3 billion with different identities. The court also stated that the politicians, judiciary, media and others in public life are responsible for upholding fundamental rights in a democracy.
Judiciary must not waste precious time on contempt hearings which can otherwise be utilised for hearing important questions of law, Justice SS Shinde of Bombay High Court remarked that courts and judges must be open to criticism from public.
Contempt of court powers, he said, should be used only as a last resort and weapon and should not be used against a layperson criticising courts or judges.
The remarks were made in the context of arguments advanced by advocate Dr. Abhinav Chandrachud on freedom of speech and expression. Dr. Chandrachud, representing Holey, was arguing on the importance of freedom of speech to express opinions against government officials, when the Bench opined that the individuals occupying positions of power must learn to tolerate criticism.
A division bench of Justice SS Shinde and Justice MS Karnik made these observations while hearing a plea filed by Sunaina Holey (38), a Navi Mumbai resident accused of passing objectionable comments on social media against Chief Minister Uddhav Thackeray and his son Aaditya Thackeray in July.
The High Court also mentioned that many in India, including tribals, may not be aware of their fundamental rights and it is a difficult exercise for the authorities to promote awareness among them.
Ultimately, those who are working in judiciary, media, police, politics, all should work with a free mind and congenial atmosphere must be maintained. However, due to paucity of time, the court posted further hearing on December 17.
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