Sometimes, judges go beyond the lakshman rekha, says Justice Kurian Joseph

On July 28, Justice Joseph had passed a dissenting order after failing to agree with his fellow judge on a “common order” while hearing Memon’s plea seeking a stay on his execution. The matter was then referred to a larger bench that refused to stay Yakub’s hanging.

Speaking at the seminar, Justice Joseph said: “If we find that justice is not administered, we have the power of judicial review. That power of judicial review is not be substituted for a political executive’s executive action. It is where we faulted. We should have deep introspection on this area of approach we have to make as a judge.’’

He said people come to the court with a cry for justice and a judge should be able to listen to that and see beyond the one who presents it and beyond the body language of the lawyer.

“The judge must have to see the man crying for justice and that is what people expect of a judge,’’ he said, adding that the judge should not be swayed by the way the lawyer presents his case.

He also took a strong exception to judges’ failure to deliver judgments on time.

“The promptness in delivering the judgment is a serious issue. I suggest that a judge who hears a case must deliver the judgment within a month. If too many judges are involved, a maximum of three months could be given. After one month, the chief justice concerned should give the first alarm to the judge, saying that the judgment pending is not good and proper. After three months, he (the Chief Justice) must withdraw the work from that judge till he writes the judgment.’’

He said the CJ should publicise the list of the judges who are not writing the judgments even after three months.

“You must not be a law unto yourself. The judge is governed by law only, not by a philosophy or commitment to any value,’’ he said.