KOLLAM: Indirectly mentioning the criticisms from various quarters against Thrissur Vigilance Court Judge S S Vassan (who came under fire on Friday from the Kerala High Court over his order directing the VACB to file an FIR against Chief Minister Oommen Chandy and Power Minister Aryadan Mohammad in the solar scam case) Justice B Kemal Pasha of the Kerala High Court said on Saturday that in cases which had the magnitude to be investigated, there was no need to take the opinion of the accused. He further added that to criticise those judges who adhered to that was not a good practice.
“The Supreme Court itself says that there is no need to take the opinion of the accused in those cases which are to be investigated. Though the public as well as the media have the right to criticise and interpret judgments, it has to be carried out in the right way. The appropriate step is that those who have knowledge of the law should comment on such matters. It’s not a good convention to pillory judges who adhere to this.
Also there is no point in examining their family background,” said Justice Kemal Pasha while inaugurating a programme organised by the state committee of the Kerala Law Students Association at the Kollam Public Library Hall.
According to Kemal Pasha, the media has the right to criticise judgments on behalf of the people. “If it’s barred it may become an infringement on fundamental rights. “Once the judgment is pronounced, the media has the right to examine it threadbare. My opinion is that it’s a good practice. It’s only through such criticisms that good judgments will come out. The only prerequisite is that such criticisms should be healthy,” said Kemal Pasha.
Giving his inference on judgments, the High Court judge said that judgments should never be based on technicalities; they should also adhere to the common good. He also added that it would be good to set a norm of fixing a minimum experience of five years as a district judge before being appointed High Court judge.