Justice Oak said- there is always a threat to the freedom of the judiciary

News India Live, Digital Desk: Alarm Bells for Democracy: What does it come first in the mind after seeing our courts? Justice! And justice is found only when the judiciary works without any pressure or fear, that is, it is completely free. However, the well-known judge of the Supreme Court, Justice Abhay S.K. Oak has recently said a big and serious thing, which makes us think for all. He said that the freedom of the judiciary is always on the test, and it gets challenges not only from outside but also from within!

What are the threats on the judiciary?
Speaking at the concluding session of the ‘International Lawyers’ Conference in Chandigarh, Justice Oak explained these challenges. He told that these threats come in many forms:

1. Inner challenges (internal challenges):

   • Self-cansorship: Many times the judges are afraid to give some decisions themselves or inadvertently impose a ban on themselves, so that they do not have to get caught in any dispute.

   • Conflicts of Interest: When a judge hears a case where his personal interests are connected, it also questions the fairness of the judiciary.

   • Judicial Ambition: In the desire for promotion or good posting, some judges may make compromises in their decisions, which endanger their freedom.

2. External Challenges:

   • Executive pressure: Governments or powerful people can pressurize them to make decisions according to their own.

   • Media and Social Media (Media & Social Media Influence): Nowadays the pressure of media and social media has also increased a lot. People immediately form their opinion on an judgment without complete knowledge and start a ruckus, which creates a kind of pressure on the judges.

   • Some important public figures: Justice Oak referred to the ‘rebellious public celebrities’, which is probably mean by those who deliberately question the court decisions or process and try to provoke the public.

Why is the public trust important?
Justice Oak clearly stated that if the judiciary loses its freedom, then its biggest disadvantage is to the rule of law. When the public does not trust the court, where will people go for justice? He also suggested that the judiciary should be even more transparent, such as disclosure of assets of judges, so that the public confidence is maintained.

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