Media and judiciary in conflict, need balance: Justice A P Shah

He appreciated the “constant” reporting by the media on the “failure of the justice system”.

By: Express News Service | New Delhi | Published: May 30, 2015 2:46 am
Justice A P Shah, EXIMS, Express Institue, LKaw India International Centre, EXIMS convocation, media and judiciary, delhi news, city news, local news, Indian Express Aranya Shankar, the topper of the EXIMS batch, receives her award from Justice AP Shah. (Source: Express Photo by Ravi Kanojia)

Stating the importance of the relationship between the media and the judiciary, Chairman of the Law Commission of India Justice A P Shah on Friday said that there is a “constant conflict between the judiciary and the media” and that it is important for both the institutions to get the balance right. Justice Shah was speaking at the convocation of the 2014-2015 batch of the Express Institute of Media Studies (EXIMS) at the India International Centre on Friday.

Addressing the students, Justice Shah said for the “proper functioning of democracy”, free press and independent judiciary “cannot exist in isolation”.

“The need for the court to maintain its authority on one hand and the importance of the freedom of the press to comment on matters of public interest on other hand, must always be reconciled to maintain the balance between institutions,” he said.

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Justice Shah also referred to the “clear dangers of a parallel trial conducted by the media” and its impact on “public perception”.

“Sensationalising of issues not only distorts public perception but also erodes the public’s confidence in the judicial system. The line between the right to comment on subjudice matters and interference in administration of justice often gets blurred… It is a complete myth that the judges will not be influenced, even subconsciously, by public perception on what they read in newspapers,” he said.

However, he appreciated the “constant” reporting by the media on the “failure of the justice system”.

Justice Shah cited examples of positive influence of media intervention — the BMW hit-and-run case, and the murder cases of Jessica Lall, Priyadarshini Mattoo and Nitish Katara. He also pointed out the reporting on the Aarushi Talwar murder case as an example of media trial with unsubstantiated leaks.

Justice Shah handed over post-graduate diploma certificates to students and special awards to Aranya Shankar, the topper of the batch. Abhisekh Angad and Meghna Malik were declared best all-rounders and Rajgopal Singh was given the Dean’s Award.

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  1. Chandran Peechulli
    May 30, 2015 at 3:59 pm
    Personal & Confidential Kind attention: Chair Person, SHRC, Tamil Nadu. Common Man will realize, XSM sustained injustice owing to “ Non-Application of the Mind.” Deliberate victimisation. SHRC DAK No.5164 and numbered as 2617/2015. Subsequent to WP2989/2014, numbered in January 2014, URGENTplease Dear Sri. Kalyanji, * My Counsel from Surana & Surana, e-mailed messaged Dt. 11-05-2015 You, cannot conceal your guilt, for having neglected my genuine case and harming me more seriously, by you and Mehtaji , in returning my file after 18 (eighteen) long months, showing helplessness for the matter to be heard,on knowing my reporting to SHRC advising me that the only option is to seek remedy from Supreme Court. Hence on your part, your atude was very crude, merciless and atrocious, thrusting upon me, your poorly handled case of neglect ion despite my, fully co-operating with you and following up my case with you periodically, intermittently as need aroused, ever since my Case was unfairly dismissed at A.F.T. Chennai Bench since Dec.2013, now after eighteen months, cornered me by you and Mehthaji uring to return back the fees of Rs.60,000(sixty thousand) and taking my signatures on Vakalat and for acknowledging the returned case file, which was your street smartness, not in a gentlemanly manner. Soon after that, asking me to come and collect the fees on Monday the 4th May 2015. Subsequently saying Rs.30, 000 only collected by you, with manited invoice, *self, never ever seen such an invoice before. Alas refusing to refund after taking the signatures from me. While though it was a curable irregularity, for the administrative lapses, but you and Mehtaji, without an iota of client interest, but for to conceal your own weaknesses(CJ, MHC not approachable). Ask for your own conscience. “Qualified Lawyers to be mentally very strong with courage, confidence, and be determined as committed advocates in real practice, with progressive thinking, in relation to the legitimate rights of the victims, will only then this noble profession will glow with glory and be considered the supreme profession of them all, on which lies the peace, happiness and prosperity of them all, when " LAW is equal to all " preached to be practiced, by one and all. Never too late. "Any person with consciousness has to know we are here between being born and dying. We were born out of eternity and we return to a state of eternity. Wanting more from life than a glimpse is just to lose balance, if we do not judge ourselves first, between existing and non-existing Education”. With the best regards. ESM 6286018. P.K.Chandran. Dr.Chandran Peechulli, General Secretary, Chennai Society for Fast Justice, (Registered). . Subsequently, called me on 7th May’15, for a sitting at 1700hrs, to collect the return payment and to my utter surprise and dismay, you put forth a letter of 8 points statement, as drafted and typed by me, asking me to sign and handover, to which I said I am not an illiterate to sign blindly the contents framed of your own accord/liking and in your favour, as done earlier in Vakalat, WHICH I did protest and declined to sign. For which, you asked me to give a similar letter of my own with corrections and take back Rs.30,000 only which is 50%of what paid, while I said, the eighteen months of period that was lost, at your end is much more precious to me, having considered as deliberate delay tactics, as time lost is ever lost, same can never be regained. Your guilt, purely expresses the negligence on your part in handling the case, lackadaisical or/as though of incompetence, but for favouring the said retired Judge, who had dismissed te case at AFT Chennai Bench. This has deteriorated the cl and standard of the trust and dignity of practicing professional lawyers that adds to in-discipline, sense of commitment and responsibility. Man does not indeed live by bread alone. He thirsts for fairness, righteousness and justice in his life-time —and a bad judicial system—makes him dissatisfied with democracy itself. It is a dangerous social situation, for any citizen, of any nation as we rely upon the Judiciary ultimately to live with peace, happiness and prosperity. In the prevailing conditions, I did smell the changing atude of yours in arguing my case and hence requested you during March 2015, requesting you to notify me promptly as soon as the hearing- date is known, so that I make myself present during the hearing. Soon after, your body language presented a disinterested look, as it was indicating that you wanted to prolong the case deliberately to please your ociates. Please view, your own letter addressed to The Registrar, Writ Jurisdiction, High Court of Madras, Chennai, dated the 7th October 2014, for early hearing, contents of which indicates nothing more than that of a Junior level Advocate, which itself speaks , the interest shown to your client’s welfare but for protecting the interest of retired judge, known to you causing betrayal. ’Not stressing the need for early hearing’ considering “ a Sick, Senior citizen, and ex-serviceman’s age of 68 years, being son of an ex-serviceman, suffering from geriatric diseases BP, hyper-tension, Diabetic, Cervical-spondlitis, Prostate-gland, etc. Most particularly, suffered of wrong Army Discharge Service Code, by Signal Records, and after A.F.T. Chennai came up and approached, the same unfairly dismissed egoistically, subsequently when reached your hands, dealing with Corporate, did I realise, neglection from your end. Since your weight-age were more of commercial outlook and not with a humanistic approach. With regards. Sincerely yours, Authentical systems copy Dr.ChandranPeechulli Krishnan, Ph.D ; D.Sc., F I E (India), F.I.I.P.E., M.S.E.I., Pg.DTED, Pg.DIMS(UK), MSNAME(US), LLB.,PgDLL., (L.L.M.). Fellow-Insution of Engineers (India),,Fellow - Indian Insution of Plant Engineers & Ex. Vice Chairman TN Chapter, Life Member & Ex. Executive Committee Member-Indian Insute of Standards Engineer T N Chapter,Indian Insute of Occupational Health, Managing Editor & Publisher - "Marine Waves" International Maritime Newsletter. Corporate Member, Chennai Press Club. Retired Chief Engineer (Marine) & General Manager (Tech), Consultant - CeeCee Industrial & Marine Management Consultants. General Secretary ”Chennai Society for Fast Justice” , Address :M107-5 & 12, No.29thCrossStreet, Besant Nagar, Chennai-600090. Ph. 044-42018982dia. Publisher & Editor-inChief, , and Encl. REMINDER to Your letter address to The Registrar, Writ Jurisdiction, High Court of Madras, Chennai, dated the 7th October 2014.
    1. Chandran Peechulli
      May 30, 2015 at 3:58 pm
      Re-Media and judiciary in conflict, need balance: Justice A P Shah He appreciated the “constant” reporting by the media on the “failure of the justice system”.- See more at: Such a poor state of affairs with systemic failures owing to deliberately designed loops, causing deliberate administrative lapses. Expresses the height of corruption. VERY VERY URGENT. To err is human, applies to the JUDGES as well, since they are also human. Neither fallen from the sky nor holding the highest of the qualification on earth, they need to have fear of god the almighty and their own conscience if any. Awakening needed to make them committed, to their profession, unlike any other trade/professional sphere of working discipline, i.e. Executives with a sense of duty, as Doctors or Engineers, maintain the Code of Professional Ethics. WHO DOESN'T NEED JUSTICE ? INCLUDES THE "judges" WHO ARE ALSO HUMANs, which should not be ever forgotten. MAKE THEM COMMITTED, ACCOUNTABLE AND RESPONSIBLE, unlike other professional executives. Question of Human Rights be at least bestowed, ensuring no neglection or discrimination to the common man. An ordinary worker or a section supervisor in any works, is itself committed, accountable and responsible for their existence, for the job igned. WHY NOT ! The highly placed JUDGES in public service ? They should hang their head in shame, if they cannot accept it. High time, peoples elected government * which is the supreme, should ensure the same, is implemented in words and spirits. Considering this genuine case, of the aggrieved ex-serviceman, deprived of his basic rights. WHEN A CLAIM ARISES..... It's all about, as to how it is taken sportingly by the JUDGES/TRIBUNAL BENCH MEMBERS to address them fairly and not egoistically, BUT TO SERVE THE PUBLIC IN THE RIGHT GOOD aggrieved ex-serviceman is dragged to the far end of his life to 68 years, with geriatric diseases, deprived of his basic legitimate rights of an ex-serviceman, i.e. Army Medical Disability Pension, from 1966, having joined in the most young teenage age, besides son of ex-serviceman as well during the dark days 1962�66 period of Chinese aggression and followed by Pak.War 1965, been discharged from an Army Military Hospital in Jabalpur, Madhya Pradesh, by a Govt. of India consuted Army Medical Board. While others are paid, why show such discrimination and neglection to him in the Chennai Bench of the Armed Forces Tribunal, by unfair dismissal of egoistic nature, saying his son is well off while claiming his legitimate rights of an ex-serviceman. AFT CHENNAI NOT FOLLOWING THE ENACTED LAWS ALIKE BUT OR NEGLECT AND DISCRIMINATION TO WHOM THEY DO NOT WANT TO HON-OUR, THEIR LEGITIMATE RIGHTS. DISMISSED MADRAS HIGH COURT RETIRED JUDGE OF A. F.T. CHENNAI STOOD BEHIND TO CONTINEOUSLY HARM WITH EGOISTIC APPROACH TO PUT PRESSURE INFLUENCING MY COUNSEL TO RETURN BACK MY FILE. PLEASE VIEW ATTACHMENT (SURANA & SURANA - EMAILED LETTER) ADDRESSING THE SUBJECT, WHICH WOULD BE SELF EXPLANATORY. � "Any person with consciousness has to know we are here between being born and dying. We were born out of eternity and we return to a state of eternity. Wanting more from life than a glimpse is just to lose balance between existing and non-existing." With respectful regards. Sincerely yours, System's Copy EX.6286018 Signal Boys OC (Rect.) CHANDRAN P. K., Address :M107-5 & 12, No.29thCrossStreet, Besant Nagar, Chennai-600090. Ph. 044-42018982dia. Publisher & Editor-in Chief, , and
      1. Chandran Peechulli
        May 30, 2015 at 4:03 pm
        The Insute of Military Law (IML), celebrate its silver jubilee, renames its Block but what about correcting their own mistakes in the OPEN COURT of Armed Forces Tribunal, Chennai Regional Bench located near the Chennai Airport. Do these ped out Officers, while in active services have and maintain the "Dignity of Human Labour " a respect to what they do, to lead a dignified life. They do not have the freedom of expression, while in THE " Open Court of the ARMED FORCES TRIBUNAL " CONSIDERING THE PRONOUNCEMENT OF AWARDS to the likes and dislikes of the Lt.Gen. by rank, to their whims and fancies, as an Administrative Bench member since he on a superior rank of Lt. Gen. (Retd.) * who is higher than even the Chief of JAG Dept., though Lt.Gen. Retired. Who do not have even a DIPLOMA (PgDLL) ,forget about a degree in Law(BL/LLB). While these JAG officers though better qualified for their placement, from entry level with a Bachelor Degree in Legal Law. They are "Specialised in legal Affairs" in Defence services after adequate experience, but posted, in the rank of Captain / Major, *who on induction stage itself, qualified with a Minimum Degree in Law, which self experienced in Chennai bench, AFT. Citation OA/2013 and RA16/2013 followed by a Writ Peion WP2989/2014. Hence, this hapless situation, in the administration of justice to ex-servicemen, in seeking JUSTICE towards their legitimate claims as even the enacted laws are not treated alike. ESM 6286018 Chandran P K DISCIPLINE expected to be very high in uniformed services, Hence the J.A.G. Officer in the rank of Capt. / Major in rank, is tight lipped, Do not have the freedom of expression OR talk back on legalities, when the Lt.Gen. by rank though retired is too senior to be challenged, for fair voice. Similarly is the state of the civilian advocate appearing for the Defence.Services, linked with the ATNK&K Area Chennai. “A judge ought to be wise enough to know that he is fallible and therefore, ever ready to learn and be courageous enough to acknowledge his errors”. “The Trial judge is the kingpin in the hierarchical system of administration of justice. He directly comes in contact with the litigant during the proceedings in court. On him lies the responsibility of building up of the case appropriately and on his understanding of the matter the cause of justice is first answered. The personalities, knowledge, judicial restraint, capacity to maintain dignity are the additional aspects which go into making the Court’s functioning successful "-from the speech of Justice Sathasivam * Hence, "Political placement of the Retirees", without considering their merits of required credibility for a reasonable suitability, causes grave injustice. Is this not social injustice ? but for the loops provided towards causing grave injustice, by neglection and discrimination. Such loops ought to be curtailed otherwise.