The court is not a place for judges to impose their own beliefs and philosophy, remarked Govind Mathur, former Chief Justice of the Allahabad High Court, in response to a recent High Court ruling giving bail to a person accused of making indecent words about Lord Ram and Krishna.
In its ruling dated October 8, the High Court stated that Lord Ram, Lord Krishna, Ramayana, Gita, and its authors Maharishi Valmiki and Maharishi Ved Vyas are part of the country’s heritage and should be recognized by law.
“The outrageous comments made by the accused / applicant about the great men of India, Lord Shri Ram, and Shri Krishna, is a damage to the belief of the majority of the population of this nation and it taints the peace and harmony in the society, and innocent people have to endure the pain of it,” said single judge Justice Shekhar Yadav.
In response to these concerns, Justice Mathur informed that in bail rulings, a judge is not intended to discuss the merits of a case.
The court is an arena in which you must transmit justice rather than enforce your philosophy.
According to Justice Mathur, judges should avoid expressing their own ideas, philosophy, or faith when issuing court orders.
“The court is not a platform for imposing your own ideas/philosophies, and the judge is not supposed to touch the merits of the case in bail rulings.”
Every citizen has the freedom to select and practice their religion, but courts should abstain from making extraneous statements in bail decisions, he stressed.
In bail proceedings, the judge is not expected to get involved in the merits.
While commenting on the latest bail order, Justice Mathur stated that a judge is not expected to become involved in the merits of the case and that the court should simply decide whether or not bail should be given.
“Even the merits have not been touched in this case.”
In response to the delay in bail proceedings, he states: “This order, which could have been resolved on the day it was reserved, took the Court more than a month to issue. Even a magistrate’s court determines bail cases quickly.”
He also called the practice of keeping the bail order on hold for months “unfortunate.”
“This petition was heard on August 26 and an order was issued 42 days later. This, in my opinion, is not appropriate for a constitutional court. Normally, you must pass an order immediately after the completion of arguments.”
It is unreasonable to leave an order waiting for such a long time, Justice Mathur added.
Hindi orders must be translated and posted.
The bail order was issued in Hindi by Justice Shekhar Yadav, and no translated copy was provided. On this subject, Justice Mathur stated that if a judge issues orders in a language other than English, a translated copy must be provided.
“I’ve seen numerous judges in Rajasthan and the Allahabad High Court issue orders in Hindi; they must realize that they must adhere to constitutional rules,” he remarked.