SG Tushar Mehta takes swipe at ‘bully’ judges in his book | India News

Solicitor General of India, Tushar Mehta.

New Delhi: The extravagant courtroom deference shown by lawyers worldwide to judges has imbued some judges with a false sense of divinity, turning some ‘my lords’ into bullies, says senior advocate and solicitor general Tushar Mehta in his forthcoming book — a move that avoids contempt but can still raise sensitive hackles.Mehta compiles incidents from foreign courtrooms to illustrate his “bench bullies” theme that can hold up a mirror to the Indian judiciary. In ‘The Bench, the Bar and the Beezer’, he writes, “Judicial bullying takes many forms. Some judges interrupt constant advice, while others cross the line from assertiveness to insult”.

People rightly expect the highest standards from judges: SG

He said although the judicial system is primarily for the defendants, they cannot claim protection of their constitutional and statutory rights, but can plead through their counsel with “the kind permission of his Lordship”. “Even a patent legal absurdity from the bench is first met (by lawyers) with ‘we bow to your lordship’, before the advocate dares to ‘take the liberty’ of offering ‘alternative proposals for his lordship’s kind consideration’,” he says.Satirical in tone, the book is arguably a bold take, that too by a serving law officer, on a lament widely shared in the bar about weaponizing the asymmetry of their high status and power to honor judges on the bench. Mehta, whose nearly eight-year tenure as SG — starting in 2018 — is the second longest after the legendary CK Daftery’s 13-year tenure as first SG, said the judiciary is the most respected branch of the state.“That respect can be elicited through the blunt instrument of the contempt power, or it can be sustained through the genuine trust of stakeholders, confidence born of fairness, impartiality and civility in dealing with litigants and lawyers,” he says.He also said that judges across the country have always frowned upon and rejected any outside oversight of their work or hearing complaints against them, which were seen as “intrusions on the independence of the judiciary”.TOI has an exclusive copy of the book which has traveled to jurisdictions around the world to carefully select many interesting and nuanced examples from court dramas.Mehta also acknowledges the difficulties judges face. “In almost all jurisdictions, courtrooms are crowded and stuffy places that provide anything but a pleasant working environment. Judicial labor under litigation pressure with minimal infrastructure and scarce institutional support. Their resources are often completely disproportionate to the volume and complexity of the issues they are expected to decide on,” he says.Judges’ remuneration, particularly at the trial level, is modest and often fails to keep pace with inflation. “Added to this is the daily provocation of frivolous litigants and pesky lawyers, who can test even the most disciplined judicial temperament,” Mehta wrote.But while empathizing, Mehta says the difficulties they face cannot be uncivilized in the courtroom for judges. Judges, he said, derive from the system, its pressures, imperfections and provocations.Mehta says the public rightly expects the highest standards of behavior from judges, as they can vote out an arrogant or errant politician but not an arrogant or errant judge. In Arun Jaitley’s pet dialogue line of describing unreasonably pretentious judges as “tyranny of the unelected”, Mehta wrote, “He or she is neither directly responsible nor accountable to the people. Any deviation from ideal judicial restraint erodes the faith sustaining the institution of the judiciary.“Referring to the huge power imbalance inside the courtroom, SG said, “When a judge becomes arrogant, abusive, obtrusive or intolerant during arguments, it is not a contest between equals. The lawyer’s options are few and unpleasant. Equally rewarding is risking one’s client’s interests and it is usually to protect one’s own professional balance… rather than advice, superior to such judicial behavior. Attract the organization’s attention.“